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Home My WebLink About20033276 RESOLUTION RE: APPROVE 24 CHILD PROTECTION AGREEMENT FOR RESPITE CARE SERVICES WITH VARIOUS PROVIDERS 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 24 Child Protection Agreements for Respite Care 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 the following providers, commencing November 1, 2003, and ending June 30, 2004, with further terms and conditions being as stated in said agreements: 1) Stacie Oliver 13) Kendra Gesick 2) Nancy Weber 14) Shelley Christman 3) Connie Simonds 15) Greta Masterson 4) Angelia Kelly 16) Angela Colunga 5) Martha Benavidez 17) Leopold Rivera 6) Sherilyn Olson 18) Eva Donkin 7) Brandy Steele 19) Melanie Luna 8) Kimberly Miller 20) Linda Johnson 9) Kevin Moore 21) Katie Owens 10) Jennifer Finlayson 22) Megan Wommack 11) Diana Lujan 23) Ashley Montoya 12) Charlotte Bellais 24) Kari Wertz 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 Child Protection Agreements for Respite Care 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 the above listed providers be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said agreements. 2003-3276 / SS0030 /fir?: �SC�c*, S \$Sl O3 RE: 24 CHILD PROTECTION AGREEMENT FOR RESPITE CARE SERVICES WITH VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 1st day of December, A.D., 2003, nunc pro tunc November 1, 2003. BOARD OF COUNTY COMMISSIONERS WELD TTY1 COLORADO ATTEST: �� IF,I�%�� C% ` id E. Lo , Chair N Weld County Clerk to th Igo. d ye c: �r- ♦ obert D. sden, Pro-Tem BY: Deputy Clerk to the Bob ((f!n c��, Mi` le. J.r 6-Th AS TO F William H. Jerke m ) / y Attorne C Glenn Vaad Date of signature: 49/O 2003-3276 SS0030 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND STACIE OLIVER This Agreement,made and entered into the R day of November 2003,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 Stacie Oliver, 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, Stacie Oliver 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 November 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 Stacie Oliver 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. Stacie Oliver 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. Stacie Oliver 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, Stacie Oliver 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. Stacie Oliver 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 Stacie Oliver has failed to comply with the Financial Management Requirements,program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, Stacie Oliver may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Stacie Oliver 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, Stacie Oliver 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 at.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, Stacie Oliver 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 Stacie Oliver 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 Fvalnation Stacie Oliver and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Stacie Oliver and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Stacie Oliver. Stacie Oliver shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by Stacie Oliver 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 Stacie Oliver 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 Stacie Oliver 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 Stacie Oliver 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 Stacie Oliver due to omission,error,fraud,and/or defalcation shall be recovered from Stacie Oliver by deduction from subsequent payments under this Agreement or other agreements between Social Services and Stacie Oliver,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 STACIE OLIVER: Stacie Oliver 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: Stacie Oliver Judy A Grie•n,Director 408 S St Tanis Avenue P O Box A J,nveland CO 80537 Greeley,CO 50617 14. J Motion Stacie Oliver shall promptly notify Social Services in the event that Stacie Oliver learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Stacie Oliver,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. Stacie Oliver 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: . ,,..• ,/JI� . , WELD COUNTY � ] ARD OF COUNTY x CLERK TO THE BOARD •• a �1 SSIONERS WELD t Y,C ORAD d By: ,!M-1'Ac: mot - 'Y Deputy Clerk - ' ' David .Long,Chair DEC 1 2003 APPR D AS TO FORM: RESPITE CARE PROVIpQDER �� BY -A Li; C(Ai LC County Attobey tacie Oliver WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: rrt • EXHIBIT A SCOPE OF SERVICES 1. Complete a fmgerprint 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 Stacie Oliver 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 Stacie Oliver in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Stacie Oliver,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 Stacie Oliver for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Stacie Oliver 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 Stacie Oliver 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. Stacie Oliver 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 Stacie Oliver-contracted Stacie Olivers or its employees,volunteers, or agents while performing duties as described in this Agreement. Stacie Oliver shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Stacie Oliver 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, Stacie Oliver 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. Stacie Oliver 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. Stacie Oliver 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 Stacie Oliver. 9. All such records,documents, communications, and other materials shall be the property of Social Services and shall be maintained by Stacie Oliver, 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. Stacie Oliver 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. Stacie Oliver or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Stacie Oliver certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Stacie Oliver,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. Stacie Oliver assures that it will fully comply with all other applicable federal and state laws. Stacie Oliver understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Stacie Oliver 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,Stacie Oliver 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, Stacie Oliver 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 Stacie Oliver. 16. Stacie Oliver 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 Stacie Oliver shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Stacie Oliver written policies governing access to,duplication and dissemination of,all such information. Stacie Oliver shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. Stacie Oliver 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 Stacie Oliver in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Stacie Oliver for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND NANCY WEBER This Agreement,made and entered into the day of November 2003,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 Nancy 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,Nancy Weber is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Tema This Agreement shall become effective on November 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 Nancy 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. Nancy 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. Nancy 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,Nancy 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. Nancy 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 Nancy 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,Nancy Weber may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Ascnranres Nancy 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 i aws At all times during the performance of this contract,Nancy 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 et.seq-and its implementing regulation,45 C.F.R.Part 80 et ceq• 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,Nancy 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 Nancy 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 Evaluation Nancy Weber and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Nancy Weber and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Nancy Weber. Nancy Weber shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Nancy 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 Nancy 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 Nancy 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 Nancy 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 Nancy Weber due to omission,error,fraud,and/or defalcation shall be recovered from Nancy Weber by deduction from subsequent payments under this Agreement or other agreements between Social Services and Nancy 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 NANCY WEBER: Nancy Weber 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: Nancy Weber Judy A Griego Director 5601 Arrowhead Drive P O Box A Greeley,CO R0614 Greeley,CO R0617 14. I.itig/snort Nancy Weber shall promptly notify Social Services in the event that Nancy Weber learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Nancy 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. Nancy Weber 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 fast above written. ATTEST: 12/140/4//644 WELD COUNTY ] OF COUNTY CLERK TO THE BOARD '• t I3SS ERS WELD W T O By: • Deputy Clerk David E.Long,Chair 0 1 200j ED AS TO FORM: \ RESPITE C E PROVIDER ('� BY J� C.�/i.Y/CL-fil/ O.'t Co ty Attorney Nancy Web r WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Dire 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 Nancy 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 Nancy Weber in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Nancy 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 not be sent to collections by Nancy Weber for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Nancy 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 Nancy 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. Nancy 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 Nancy Weber-contracted Nancy Webers or its employees,volunteers, or agents while performing duties as described in this Agreement. Nancy Weber shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. Nancy 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,Nancy 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. Nancy 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. Nancy 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 Nancy Weber. 9. All such records, documents, communications,and other materials shall be the property of Social Services and shall be maintained by Nancy 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. Nancy 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. Nancy Weber or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Nancy Weber certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Nancy 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. Nancy Weber assures that it will fully comply with all other applicable federal and state laws. Nancy Weber understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Nancy 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 conunission 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 neressary 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,Nancy 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,Nancy 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 Nancy Weber. 16. Nancy 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 Nancy Weber shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Nancy Weber written policies governing access to, duplication and dissemination of,all such information. Nancy Weber shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Nancy 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(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 Nancy Weber in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Nancy 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 CONNIE SIMONDS This Agreement,made and entered into the day of November 2003,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 Connie Simonds. 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,Connie Simonds 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 November 1,2003,upon proper execution of this Agreement and shall expire June 30,2004,unless sooner terminated as provided herein. 2. Scope of Servirrs Services shall be provided by Connie Simonds 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. Connie Simonds 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. Connie Simonds shall submit all itemized monthly billings to Social Services no later than the twenty-fifth(25)day of the month following the month the cost was incurred. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Child Welfare Regular Administration funds to Social Services. d. Social Services shall not be billed for,and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 4. Financial Manag-ment At all times from the effective date of this Contract until completion of this Contract,Connie Simonds 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. Connie Simonds 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 Connie Simonds has failed to comply with the Financial Management Requirements,program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, Connie Simonds may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Connie Simonds 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, Connie Simonds 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.serf 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, Connie Simonds 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 Connie Simonds 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 Connie Simonds and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Connie Simonds and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Connie Simonds. Connie Simonds shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Connie Simonds 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 Connie Simonds 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 Connie Simonds 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 Connie Simonds 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 Connie Simonds due to omission,error,fraud,and/or defalcation shall be recovered from Connie Simonds by deduction from subsequent payments under this Agreement or other agreements between Social Services and Connie Simonds,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 CONNIE SIMONDS: Connie Simonds 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: Connie Simonds I ndy A Griepp,Director `) 1 P O Rox A J �-rC. Greeley,CO 80617 r �Slf"I I C (c) '306'S 14. Litigation Connie Simonds shall promptly notify Social Services in the event that Connie Simonds learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Connie Simonds,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. Connie Simonds 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: ill/ WELD COUNTY e OF COUNTY CLERK TO THE BOARD 7, " M SSI ERS WELD By: CpU/(i/ Cam" L.)( 1 Y. L Y/$ W t4y, CU Deputy Clerk )- K/ David E.Long,Cha D 01 2uu3 APPRO D AS TO FORM: RESPITE CARE PROVIDER v_ RX BY C-e-n nmt v T t-�- County Attome Connie S nds WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Due r 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 Connie Simonds 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 Connie Simonds in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Connie Simonds,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. Feec 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 Connie Simonds for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Connie Simonds 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 Connie Simonds 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. Connie Simonds 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 Connie Simonds-contracted Connie Simondss or its employees,volunteers,or agents while performing duties as described in this Agreement. Connie Simonds shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees, volunteers,and agents. Connie Simonds 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,Connie Simonds 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. Connie Simonds 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. Connie Simonds 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 Connie Simonds. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Connie Simonds, 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. Connie Simonds 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. Connie Simonds or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Connie Simonds certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Connie Simonds,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. Connie Simonds assures that it will fully comply with all other applicable federal and state laws. Connie Simonds understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Connie Simonds 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, Connie Simonds 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,Connie Simonds 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 Connie Simonds. 16. Connie Simonds 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 Connie Simonds shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Connie Simonds written policies governing access to, duplication and dissemination of,all such information. Connie Simonds shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. Connie Simonds 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 Connie Simonds in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Connie Simonds for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND ANGELIA KELLY This Agreement,made and entered into the day of November 2003,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 Angelia Kelly. 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,Angelia Kelly is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn This Agreement shall become effective on November 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 Angelia Kelly 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. Angelia Kelly 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. Angelia Kelly 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,Angelia Kelly 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. Angelia Kelly 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 Angelia Kelly has failed to comply with the Financial Management Requirements,program objectives,contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Angelia Kelly may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Angelia Kelly 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,Angelia Kelly 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,Angelia Kelly 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 Angelia Kelly 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 Angelia Kelly and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Angelia Kelly and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Angelia Kelly. Angelia Kelly shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by Angelia Kelly 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 Angelia Kelly 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 Angelia Kelly 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 Angelia Kelly 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 Angelia Kelly due to omission,error,fraud,and/or defalcation shall be recovered from Angelia Kelly by deduction from subsequent payments under this Agreement or other agreements between Social Services and Angelia Kelly,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 ANGELIA KELLY: Angelia Kelly Respite Care Provider Name Tide 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: Angelia Kelly Judy A Gniego,Director 2016 Rs'Avenue P O Box A Greeley,Co 80671 Greeley,CO 50617 14. Litigation Angelia Kelly shall promptly notify Social Services in the event that Angelia Kelly learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Angelia Kelly,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. Angelia Kelly 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: ) ��_v� WELD COUNTY /��/�,, BOARD OF COUNTY CLERK TO THE BOARD �J, COMMISSIONERS WELD CO LORADO aci ,f �'� By: �� d�: �i' ..f_t�� By: Deputy Clerk FqS , David E.Long,Chair EC 01 2003 APPRO ED AS TO FORM: SV u ✓ RESPITE CARE PROVIDER � �- BY �, 1-11127 County Attorn y Angel' elly WELD COUNTY DEPARTMENT OF SOCIAL SE VICES By: sec • EXHIBIT A SCOPE OF SERVICES 1. Complete a fmgerprint 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 Angelia Kelly 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 Angelia Kelly in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Angelia Kelly, 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 Angelia Kelly for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Angelia Kelly 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 Angelia Kelly 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. Angelia Kelly 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 Angelia Kelly-contracted Angelia Kellys or its employees,volunteers,or agents while performing duties as described in this Agreement. Angelia Kelly shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. Angelia Kelly 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,Angelia Kelly 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. Angelia Kelly 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. Angelia Kelly 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 Angelia Kelly. 9. All such records,documents, communications,and other materials shall be the property of Social Services and shall be maintained by Angelia Kelly,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. Angelia Kelly 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. Angelia Kelly or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Angelia Kelly certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Angelia Kelly,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. Angelia Kelly assures that it will fully comply with all other applicable federal and state laws. Angelia Kelly understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Angelia Kelly 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, Angelia Kelly 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,Angelia Kelly 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 Angelia Kelly. 16. Angelia Kelly 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 Angelia Kelly shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Angelia Kelly written policies governing access to, duplication and dissemination of,all such information. Angelia Kelly shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Angelia Kelly 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 Angelia Kelly in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Angelia Kelly for similar information in the course of its own business. • CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES t? AND MARTHA BENAVIDEZ c0 This Agreement,made and entered into the day of November 2003,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 Martha Benavidez. 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,Martha Benavidez is a for-profit Sole-Proprietor. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tema ¢♦ Pleven. ar This Agreement shall become effective on fitptem�e:-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 Martha Benavidez 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. Ea4macnt 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. Martha Benavidez 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. Martha Benavidez 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,Martha Benavidez 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. Martha Benavidez 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 Martha Benavidez has failed to comply with the Financial Management Requirements,program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Martha Benavidez may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Martha Benavidez 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,Martha Benavidez 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,Martha Benavidez 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 Martha Benavidez 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 Martha Benavidez and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Martha Benavidez and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Martha Benavidez. Martha Benavidez shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Martha Benavidez 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 Martha Benavidez 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 Martha Benavidez 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 Martha Benavidez 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 Martha Benavidez due to omission,error,fraud,and/or defalcation shall be recovered from Martha Benavidez by deduction from subsequent payments under this Agreement or other agreements between Social Services and Martha Benavidez,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 Rnmansik Social Services Administrator Name Title For MARTHA BENAVIDEZ: Martha Renavide7 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: Martha Benavidez Judy A Griegr,Director 316 10a'Street P O Box A Greeley,Colorado 80631 Greeley,CO 80637 14. Litigation Martha Benavidez shall promptly notify Social Services in the event that Martha Benavidez learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Martha Benavidez,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. Martha Benavidez 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 COUNTYAr BOARD OF COUNTY CLERK TO THE BOARDS , 440 CLERK OMMISSIONERS WELD OUNn, oRADo t By: �O�-��u. ..� A. Y: Deputy e.C h'Clerk �• ',X Davi . Long,Chair D C 1 2003 � APPROV AS TO FO RESPITE CARE PROVIDER p BY "1722441.10./ County Attorney Martha Benavidez WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: 1.141 Dir for 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 Martha Benavidez 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 Martha Benavidez in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Martha Benavidez,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 Martha Benavidez for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Martha Benavidez 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 Martha Benavidez 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. Martha Benavidez 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 Martha Benavidez- contracted Martha Benaviders or its employees,volunteers,or agents while performing duties as described in this Agreement. Martha Benavidez shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Martha Benavidez 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,Martha Benavidez 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. Martha Benavidez 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. Martha Benavidez 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 Martha Benavidez. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Martha Benavidez, 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. Martha Benavidez 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. Martha Benavidez or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Martha Benavidez certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Martha Benavidez,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. Martha Benavidez assures that it will fully comply with all other applicable federal and state laws. Martha Benavidez understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Martha Benavidez 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,Martha Benavidez 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,Martha Benavidez 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 Martha Benavidez. 16. Martha Benavidez 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 Martha Benavidez shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Martha Benavidez written policies governing access to,duplication and dissemination of, all such information. Martha Benavidez shall advise its employees, agents,and subcontractor, if any, that they are subject to these confidentiality requirements. Martha Benavidez 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 Martha Benavidez in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Martha Benavidez for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND SHERILYN OLSON This Agreement, made and entered into the day of November 2003,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 Sherilyn Olson. 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 finding to Social Services for respite care for county foster care providers;and WHEREAS, Sherilyn Olson 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 November 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 Sherilyn Olson 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. Sherilyn Olson 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. Sherilyn Olson 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. 37['CB--_-3.97c 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, Sherilyn Olson 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. Sherilyn Olson 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 Sherilyn Olson has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, Sherilyn Olson may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Sherilyn Olson 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 r aws At all times during the performance of this contract, Sherilyn Olson 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, Sherilyn Olson 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 Sherilyn Olson 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 Fvahration Sherilyn Olson and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Sherilyn Olson and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Sherilyn Olson. Sherilyn Olson shall permit Social Services, and any other duly authorized agent or governmental agency, to monitor all activities conducted by Sherilyn Olson 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 Sherilyn Olson 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 Sherilyn Olson 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 Sherilyn Olson 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 Sherilyn Olson due to omission,error,fraud,and/or defalcation shall be recovered from Sherilyn Olson by deduction from subsequent payments under this Agreement or other agreements between Social Services and Sherilyn Olson,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 SHERILYN OLSON: Sherilyn Olson 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: Sherilyn Olson Judy A Griegrt Director 2413 Sunset lane P O Pox A Greeley_CO 80634 Greeley,CO 80632 14. Litigation Sherilyn Olson shall promptly notify Social Services in the event that Sherilyn Olson learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Sherilyn Olson,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. Sherilyn Olson 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 r , �;,► ' I OF COUNTY CLERK TO THE BOARD I gc�i .14 C MISSI NERS WELD a� �ttYu '`• Ctj TY, RADO By: . Ai/J 3% 2, 4 0. Deputy Clerk �+� �� David E.Long,Chair n 1 2003 D ASTO{,�FORM: RESPI ROVI Oc-his/i/ BY Oat County Atto y lyn son WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: DU. for 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 Sherilyn Olson 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 Sherilyn Olson in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Sherilyn Olson,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 Sherilyn Olson for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Sherilyn Olson will collect any applicable sliding scale co-pays and credit Social Services for any payments received on the monthly billing statements. 3. Submittal of Vouchem Sherilyn Olson 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. Sherilyn Olson 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 Sherilyn Olson-contracted Sherilyn Olsons or its employees,volunteers,or agents while performing duties as described in this Agreement. Sherilyn Olson shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. Sherilyn Olson 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, Sherilyn Olson 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. Sherilyn Olson 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. Sherilyn Olson 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 Sherilyn Olson. 9. All such records, documents, communications,and other materials shall be the property of Social Services and shall be maintained by Sherilyn Olson, 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. Sherilyn Olson 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. Sherilyn Olson or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Sherilyn Olson certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Sherilyn Olson,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. Sherilyn Olson assures that it will fully comply with all other applicable federal and state laws. Sherilyn Olson understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Sherilyn Olson 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, Sherilyn Olson 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, Sherilyn Olson 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 Sherilyn Olson. • 16. Sherilyn Olson 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 Sherilyn Olson shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Sherilyn Olson written policies governing access to, duplication and dissemination of, all such information. Sherilyn Olson shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Sherilyn Olson 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 Sherilyn Olson in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Sherilyn Olson for similar information in the course of its own business. • CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND BRANDY STEELE rd This Agreement,made and entered into the =day of November 2003,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 Brandy Steele. 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,Brandy Steele 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 November 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 Brandy Steele 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. Brandy Steele 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. Brandy Steele 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,Brandy Steele 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. Brandy Steele 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 Brandy Steele has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Brandy Steele may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Brandy Steele 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 r aws At all times during the performance of this contract,Brandy Steele shall strictly adhere to all applicable federal and state laws,orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. Mayfield acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 eL seq and its implementing regulation,45 C.F.R.Part 80 eL seq y 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,Brandy Steele 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 Brandy Steele 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 Brandy Steele and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Brandy Steele and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Brandy Steele. Brandy Steele shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by Brandy Steele 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 Brandy Steele 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 Brandy Steele 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 Brandy Steele 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 Brandy Steele due to omission,error,fraud,and/or defalcation shall be recovered from Brandy Steele by deduction from subsequent payments under this Agreement or other agreements between Social Services and Brandy Steele,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 BRANDY STEELE: Brandy Steele 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: Brandy Steele Judy A Griego,Director P O Box 57 P O Box A Nunn,CO 5064R Greeley,CO 50617 14. Litigation Brandy Steele shall promptly notify Social Services in the event that Brandy Steele learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Brandy Steele,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. Brandy Steele 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. AlIEST: ✓ '"r t WELD COUNTY es Y"3' :OARD OF COUNTY CLERK TO THE BOARD Id6% #'i° s At OMMISSIONERS WELD OUNTY, ORADO By: __ By: Deputy Clerk Davi .Long,Chat EC p 1 2003 APPROV AS TO FORM: RESPITE CARE PROVIDER BY ounty Attorney andy Steele WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: D r or • 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 Brandy Steele 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 Brandy Steele in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Brandy Steele, 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 Brandy Steele for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Brandy Steele 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 Brandy Steele 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. Brandy Steele 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 Brandy Steele-contracted Brandy Steeles or its employees,volunteers, or agents while performing duties as described in this Agreement. Brandy Steele shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. Brandy Steele 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,Brandy Steele 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. Brandy Steele 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. Brandy Steele 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 Brandy Steele. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Brandy Steele,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. Brandy Steele 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. Brandy Steele or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Brandy Steele certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Brandy Steele,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. Brandy Steele assures that it will fully comply with all other applicable federal and state laws. Brandy Steele understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Brandy Steele 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 neressary 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,Brandy Steele 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,Brandy Steele 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 Brandy Steele. 16. Brandy Steele 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 Brandy Steele shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Brandy Steele written policies governing access to, duplication and dissemination of,all such information. Brandy Steele shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Brandy Steele 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 Brandy Steele in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Brandy Steele for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 7, AND KIMBERLY MILLER , ye This Agreement,made and entered into the day of November 2003,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 Kimberly Miller. 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,Kimberly Miller is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn This Agreement shall become effective on November 1,2003,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 Kimberly Miller 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. Kimberly Miller 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. Kimberly Miller 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,Kimberly Miller 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. Kimberly Miller 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 Kimberly Miller has failed to comply with the Financial Management Requirements,program objectives,contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Kimberly Miller may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Kimberly Miller 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,Kimberly Miller 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 at.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,Kimberly Miller 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. S. Certifications Kimberly Miller 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 Evahwtion Kimberly Miller and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Kimberly Miller and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Kimberly Miller. Kimberly Miller shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Kimberly Miller 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 Kimberly Miller 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 Kimberly Miller 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 Kimberly Miller 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 Kimberly Miller due to omission,error,fraud,and/or defalcation shall be recovered from Kimberly Miller by deduction from subsequent payments under this Agreement or other agreements between Social Services and Kimberly Miller,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 Rnmansik Social Services Administrator Name Title For KIMBERLY MILLER: Kimberly Miller 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: Kimberly Miller Judy A Griego,Director 3948 19th Street lane P D Box A Greeley,CO 80614 Greeley,CO R0637 14. J itigatinn Kimberly Miller shall promptly notify Social Services in the event that Kimberly Miller learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Kimberly Miller,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. Kimberly Miller 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 i36I ''‘'.4.1 OF COUNTY CLERK TO THE BOARD ' t'lVh `�SSI RS WELD �� RADO By: _slfL \‘,,• yic�,L 1 ay Deputy Clerk David .Long,Chair 03 DEC O1 APPROVED TO FORM: RESPITE CARE P VID < BY . L7county tton y erly i WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ctor 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 Kimberly Miller 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 Funding and Method of Payment Social Services agrees to reimburse Kimberly Miller in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Kimberly Miller,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 Kimberly Miller for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Kimberly Miller 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 Kimberly Miller 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. Kimberly Miller 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 Kimberly Miller-contracted Kimberly Millers or its employees, volunteers, or agents while performing duties as described in this Agreement. Kimberly Miller shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. Kimberly Miller 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,Kimberly Miller 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. Kimberly Miller 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. Kimberly Miller 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 Kimberly Miller. 9. All such records,documents, communications,and other materials shall be the property of Social Services and shall be maintained by Kimberly Miller, 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. Kimberly Miller 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. I I. This Contract shall be binding upon the parties hereto,their successors,heirs,legal representatives, and assigns. Kimberly Miller or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Kimberly Miller certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Kimberly Miller,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. Kimberly Miller assures that it will fully comply with all other applicable federal and state laws. Kimberly Miller understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Kimberly Miller 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 neressary 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,Kimberly Miller 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, Kimberly Miller 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 Kimberly Miller. 16. Kimberly Miller 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 Kimberly Miller shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Kimberly Miller written policies governing access to, duplication and dissemination of, all such information. Kimberly Miller shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Kimberly Miller 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 Kimberly Miller in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Kimberly Miller for similar information in the course of its own business. • CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND KEVIN MOORE This Agreement,made and entered into the day of November 2003,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 Kevin Moore. 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,Kevin Moore is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn This Agreement shall become effective on November 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 Kevin Moore 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. Kevin Moore 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. Kevin Moore 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. ACC i-�<=5,ie 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, Kevin Moore 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. Kevin Moore 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 Kevin Moore has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Kevin Moore may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Kevin Moore 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,Kevin Moore 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,Kevin Moore 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 Kevin Moore 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 Fvahnation Kevin Moore and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Kevin Moore and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Kevin Moore. Kevin Moore shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by Kevin Moore 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 Kevin Moore 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 Kevin Moore 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 Kevin Moore 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 Kevin Moore due to omission,error,fraud,and/or defalcation shall be recovered from Kevin Moore by deduction from subsequent payments under this Agreement or other agreements between Social Services and Kevin Moore,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 Rnmansik Social Services Administrator Name Title For KEVIN MOORE: Kevin Moore Respite Care Provider Name Tide 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: Kevin Moore Judy A Griegn,Director 1709 7s'Avenue P O Box A Greeley,CO R0631 Greeley,CO 50637 14. Litigation Kevin Moore shall promptly notify Social Services in the event that Kevin Moore learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Kevin Moore, 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. Kevin Moore 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 fast above written. ATTEST: WELD COUNTY I ,A, { OF COUNTY CLERK TO THE BOARD V `'Pik!, y = A .i y ISSIONERS WELD 4Q1 Y TY, ORADO By: , �. Deputy Clerk �� Davi E.Long,ChairoE(, 1 2003 ► Cli L APPRO D AS TO FORM: RESPITE CARE PROVIDER /y- BY c-i .� County Atto ey K �� }br /p WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: ctor • 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 Kevin Moore 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 I. Funding and Method of Payment Social Services agrees to reimburse Kevin Moore in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Kevin Moore,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 Kevin Moore for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Kevin Moore 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 Kevin Moore 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. Kevin Moore 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 Kevin Moore-contracted Kevin Moores or its employees,volunteers,or agents while performing duties as described in this Agreement. Kevin Moore shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Kevin Moore 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,Kevin Moore 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. Kevin Moore 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. Kevin Moore 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 Kevin Moore. 9. All such records,documents,communications,and other materials shall be the property of Social Services and shall be maintained by Kevin Moore, 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. Kevin Moore 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. Kevin Moore or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Kevin Moore certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Kevin Moore,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. Kevin Moore assures that it will fully comply with all other applicable federal and state laws. Kevin Moore understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Kevin Moore 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,Kevin Moore 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,Kevin Moore 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 Kevin Moore. 16. Kevin Moore 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 Kevin Moore shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Kevin Moore written policies governing access to,duplication and dissemination of,all such information. Kevin Moore shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. Kevin Moore 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 Kevin Moore in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Kevin Moore for similar information in the course of its own business. • CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND JENNIFER FINLAYSON This Agreement,made and entered into the day of November 2003,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 Jennifer Finlayson. 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,Jennifer Finlayson is a for-profit Sole-Proprietor. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term p� OVcw. r �/ This Agreement shall become effective on 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 Jennifer Finlayson 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. Jennifer Finlayson 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. Jennifer Finlayson 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. CCU 7� 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, Jennifer Finlayson 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. Jennifer Finlayson 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 Jennifer Finlayson has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, Jennifer Finlayson may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Jennifer Finlayson 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,Jennifer Finlayson 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.ceq•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,Jennifer Finlayson 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 Jennifer Finlayson 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 Fvaination Jennifer Finlayson and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Jennifer Finlayson and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Jennifer Finlayson. Jennifer Finlayson shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Jennifer Finlayson 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 Jennifer Finlayson 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 Jennifer Finlayson 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 Jennifer Finlayson 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 Jennifer Finlayson due to omission,error,fraud,and/or defalcation shall be recovered from Jennifer Finlayson by deduction from subsequent payments under this Agreement or other agreements between Social Services and Jennifer Finlayson,or by Social Services as a debt due to Social Services or otherwise as provided by law. • 12. RepresenUltives 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 JENNIFER FINLAYSON: Jennifer Finlayson 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: Jennifer Finlayson Judy A Griegq Director 771 Columbine Drive p O Box A Greeley,Colorado R0SS0 Greeley,CO S0617 14. Jitigption Jennifer Finlayson shall promptly notify Social Services in the event that Jennifer Finlayson learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.Jennifer Finlayson,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. Jennifer Finlayson 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 fast above written. ATTEST: S WELD COUNTY f S' ' OF COUNTY CLERK TO THE BOARD ?'"x ` _ MISSIO RS WELD Iecl�y,. � ��r r.0 - ,C RAD By: f/lam r:; �(�, . _ 1 : Deputy Clerk # �� David .Long,Chair 0 1 2003 APPRO D AS TO FORM: RESPITE CARE PROVIDER • BY nJ . M County Attorney Ter Finl on WELD COUNTY DEPARTMENT OF SOCIAL ERVICES By: a for 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 Jennifer Finlayson 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 Jennifer Finlayson in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Jennifer Finlayson,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 Jennifer Finlayson for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Jennifer Finlayson 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 Jennifer Finlayson 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. Jennifer Finlayson 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 Jennifer Finlayson- contracted Jennifer Finlaysons or its employees,volunteers,or agents while performing duties as described in this Agreement. Jennifer Finlayson shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Jennifer Finlayson 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,Jennifer Finlayson 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. Jennifer Finlayson 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. Jennifer Finlayson 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 Jennifer Finlayson. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Jennifer Finlayson,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. Jennifer Finlayson 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. Jennifer Finlayson or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Jennifer Finlayson certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Jennifer Finlayson,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. Jennifer Finlayson assures that it will fully comply with all other applicable federal and state laws. Jennifer Finlayson understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Jennifer Finlayson 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, Jennifer Finlayson 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, Jennifer Finlayson 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 Jennifer Finlayson. 16. Jennifer Finlayson 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 Jennifer Finlayson shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Jennifer Finlayson written policies governing access to,duplication and dissemination of,all such information. Jennifer Finlayson shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. Jennifer Finlayson 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 Jennifer Finlayson in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Jennifer Finlayson for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND DIANA LUJAN This Agreement,made and entered into the day of November 2003,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 Diana Lujan 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,Diana Lujan is a for-profit Sole-Proprietor. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tmat This Agreement shall become effective on November 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 Diana Lujan 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. Diana Lujan 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. Diana Lujan 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,Diana Lujan 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. Diana Lujan 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 Diana Lujan has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, Diana Lujan may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Diana Lujan 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,Diana Lujan 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 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,Diana Lujan 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 Diana Lujan 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 Fvalnation Diana Lujan and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Diana Lujan and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Diana Lujan. Diana Lujan shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by Diana Lujan 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 Diana Lujan 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 Diana Lujan 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 Diana Lujan 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 Diana Lujan due to omission,error,fraud,and/or defalcation shall be recovered from Diana Lujan by deduction from subsequent payments under this Agreement or other agreements between Social Services and Diana Lujan,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 DIANA LUJAN: Diana I aijan 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: Diana Lujan Judy A G,riegp,Director 2649 49th Street P O Box A Evans,CO80670 Greeley,CO 50617 14. I.itigation Diana Lujan shall promptly notify Social Services in the event that Diana Lujan learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Diana Lujan,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. Diana Lujan 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. ,n 't\ ATTEST: �i., _ �' „��,'.�.�"_/� WELD COUNTY aj j*�ARD OF COUNTY CLERK TO THE BOARD 1 861 y' 1.+ MMISS NERS WELD O 5�`•/UNTY, O O By: i . l q :: Deputy Clerk � = David E.Long,ChairDEC 1 2043 APPRO AS F RESPITE CARE PROVIDER ` n BY County Atto eey_"""'Y Diana Lujan WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: D' a for 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 Diana Lujan 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 Diana Lujan in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Diana Lujan, 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 Diana Lujan for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Diana Lujan 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 Diana Lujan 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. Diana Lujan 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 Diana Lujan-contracted Diana Lujans or its employees,volunteers,or agents while performing duties as described in this Agreement. Diana Lujan shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Diana Lujan 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,Diana Lujan 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. Diana Lujan 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. Diana Lujan 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 Diana Lujan. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Diana Lujan,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. Diana Lujan 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. Diana Lujan or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Diana Lujan certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Diana Lujan,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. Diana Lujan assures that it will fully comply with all other applicable federal and state laws. Diana Lujan understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Diana Lujan 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,Diana Lujan 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,Diana Lujan 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 Diana Lujan. 16. Diana Lujan 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 Diana Lujan shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Diana Lujan written policies governing access to, duplication and dissemination of, all such information. Diana Lujan shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. Diana Lujan 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 Diana Lujan in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Diana Lujan for similar information in the course of its own business. • CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND CHARLOTTE BELLAIS This Agreement,made and entered into the day of November 2003,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 Charlotte Bellais 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, Charlotte Bellais 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 SNepcptcn;Lcr 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 Charlotte Bellais 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. Charlotte Bellais 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. Charlotte Bellais 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,Charlotte Bellais 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. Charlotte Bellais 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 Charlotte Bellais has failed to comply with the Financial Management Requirements,program objectives, contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, Charlotte Bellais may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Charlotte Bellais 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, Charlotte Bellais 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.srq•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, Charlotte Bellais 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 Charlotte Bellais 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 Charlotte Bellais and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Charlotte Bellais and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Charlotte Bellais. Charlotte Bellais shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Charlotte Bellais 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 Charlotte Bellais 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 Charlotte Bellais 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 Charlotte Bellais 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 Charlotte Bellais due to omission,error,fraud,and/or defalcation shall be recovered from Charlotte Bellais by deduction from subsequent payments under this Agreement or other agreements between Social Services and Charlotte Bellais,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 CHARLOTTE BELLAIS: Charlotte Bellais 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: Charlotte Bellais Judy A C'ttiegn,Director 435 N 35th Avenue P O Box A Greeley,Colorado 50631 Greeley,CO 50637 14. J itigation Charlotte Bellais shall promptly notify Social Services in the event that Charlotte Bellais learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Charlotte Bellais,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. Charlotte Bellais 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. -reto have duly executed the Agreement as of the day,month,and year first above written. ATTEST: ��,j�i' "•'•z', .f ` WELD COUNTY ` %lU.� y. �' OF COUNTY •t. CLERK TO THE BOARD ISS ERS WELD� ®/Y � TY, O O By: By: Deputy Clerk David E.Long,C i< E 0 1 P D AS TO RESPITE CARE PROVIDER �4 i - BY ''W ,+1) /r5 County Attorney Charlotte Bellais WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: D. c or 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 Charlotte Bellais 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 Charlotte Bellais in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Charlotte Bellais,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 Charlotte Bellais for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Charlotte Bellais 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 Charlotte Bellais 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. Charlotte Bellais 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 Charlotte Bellais-contracted Charlotte Bellaiss or its employees,volunteers, or agents while performing duties as described in this Agreement. Charlotte Bellais shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Charlotte Bellais 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,Charlotte Bellais 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. Charlotte Bellais 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. Charlotte Bellais 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 Charlotte Bellais. 9. All such records,documents,communications,and other materials shall be the property of Social Services and shall be maintained by Charlotte Bellais,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 fmding. 10. Charlotte Bellais 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. Charlotte Bellais or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Charlotte Bellais certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Charlotte Bellais,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. Charlotte Bellais assures that it will fully comply with all other applicable federal and state laws. Charlotte Bellais understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Charlotte Bellais 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,Charlotte Bellais 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, Charlotte Bellais 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 Charlotte Bellais. 16. Charlotte Bellais 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 Charlotte Bellais shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Charlotte Bellais written policies governing access to, duplication and dissemination of, all such information. Charlotte Bellais shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Charlotte Bellais 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 Charlotte Bellais in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Charlotte Bellais for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND KENDRA GESICK This Agreement,made and entered into the day of November 2003,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 Kendra Gesick 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,Kendra Gesick is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: L Term This Agreement shall become effective on t th 1,2003,upon proper execution of this Agreement and shall expire June 30,2004,unless sooner terminated as provided herein. 2. Scope of Servires Services shall be provided by Kendra Gesick 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. Kendra Gesick 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. Kendra Gesick 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,Kendra Gesick 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. Kendra Gesick 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 Kendra Gesick has failed to comply with the Financial Management Requirements,program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Kendra Gesick may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Kendra Gesick 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 r aws At all times during the performance of this contract,Kendra Gesick 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,Kendra Gesick 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 Kendra Gesick 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 Kendra Gesick and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Kendra Gesick and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Kendra Gesick. Kendra Gesick shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Kendra Gesick 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 Kendra Gesick 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 Kendra Gesick 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 Kendra Gesick 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 Kendra Gesick due to omission,error,fraud,and/or defalcation shall be recovered from Kendra Gesick by deduction from subsequent payments under this Agreement or other agreements between Social Services and Kendra Gesick,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 KENDRA GESICK: Kendra Gesick 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: Kendra Gesick Judy A Grieg,o,Director 9715 Barclay P O Box A Evans,Colorado 80670 Greeley CO 80637 14. Litigation Kendra Gesick shall promptly notify Social Services in the event that Kendra Gesick learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Kendra Gesick,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. Kendra Gesick 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 ereto have duly executed the Agreement as of the day,month,and year :: " Eft WELD COUNTY 61 1 �$f3ARD OF COUNTY C":17:111,-/CLERK TO THE BOARD C":17:11,-/ C�MMISS RS WELD O � s Q 7, ORADO By C c`Z �� ltip� �$ J� Deputy Clerk David E.Long,Chair 01 2003 APPROVED S TO FORM: RESPITE CARE PROVIDER BY .Lc4G✓`° — -� unty Attorney - �C.-rKendra Gesick WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Due br 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 Kendra Gesick 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 Kendra Gesick in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Kendra Gesick, 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. Feec for Servicec 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 Kendra Gesick for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Kendra Gesick 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 Kendra Gesick 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. Kendra Gesick 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 Kendra Gesick-contracted Kendra Gesicks or its employees,volunteers,or agents while performing duties as described in this Agreement. Kendra Gesick shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Kendra Gesick 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,Kendra Gesick 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. Kendra Gesick 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. Kendra Gesick 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 Kendra Gesick. 9. All such records,documents, communications,and other materials shall be the property of Social Services and shall be maintained by Kendra Gesick,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. Kendra Gesick 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. Kendra Gesick or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Kendra Gesick certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Kendra Gesick,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. Kendra Gesick assures that it will fully comply with all other applicable federal and state laws. Kendra Gesick understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Kendra Gesick 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 nereccary 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,Kendra Gesick 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,Kendra Gesick 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 Kendra Gesick. 16. Kendra Gesick 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 Kendra Gesick shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Kendra Gesick written policies governing access to, duplication and dissemination of,all such information. Kendra Gesick shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Kendra Gesick 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 Kendra Gesick in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Kendra Gesick for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND SHELLEY CHRISTMAN This Agreement,made and entered into the day of November 2003,by and between the Board of Weld County Commissioners, sitting as the Board of Social Services,on behalf of the Weld County Department of Social Services,hereinafter referred to as"Social Services,"and Shelley Christman. WITNESSETH WHEREAS,required approval,clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS,the Colorado Department of Human Services has provided Child Welfare Regular Administration funding to Social Services for respite care for county foster care providers; and WHEREAS, Shelley Christman is a for-profit Sole-Proprietor. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Term c This Agreement shall become effective on 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 Shelley Christman to any person(s)eligible for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference. 3. Payment a. Payment shall be made on the basis of Exhibit B, "Payment Schedule,"of which are attached hereto and incorporated herein by reference. "Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child Welfare Regular Administration funds during the duration of this Agreement. b. Shelley Christman shall submit an itemized monthly bill to Social Services for all costs incurred and services provided pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services. Shelley Christman shall submit all itemized monthly billings to Social Services no later than the twenty-fifth(25)day of the month following the month the cost was incurred. c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Child Welfare Regular Administration funds to Social Services. d. Social Services shall not be billed for, and reimbursement shall not be made for time involved in activities outside of those defined in Exhibit A. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. :WC) -- �(Y 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, Shelley Christman shall comply with the administrative requirements,cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Child Welfare Regular Administration funding must conform to the Single Audit Act of 1984 and OMB Circular A-133. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. Shelley Christman shall provide proper monthly invoices and itemization of services performed for costs incurred in the performance of the agreement. b. Social Services may withhold any payment if Shelley Christman has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements, Shelley Christman may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Shelley Christman shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and incorporated herein by reference. 7. Compliance with Applicable I aws At all times during the performance of this contract, Shelley Christman shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards,regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers,documents,tapes and any other materials that have been or may hereafter be established which relate to the Contract. Mayfield acknowledges that the following laws are included: Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq-and its implementing regulation,45 C.F.R.Part 80 et.seq•and - Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulations,45 C.F.R.Part 84;and the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et_seq.and its implementation regulations,45 C.F.R.Part 91;and - Title VII of the Civil Rights Act of 1964;and the Age Discrimination in Employment Act of 1967;and the Equal Pay Act of 1963;and the Education Amendments of 1972;and - Immigration Reform and Control Act of 1986,P.L.99-603; 42 C.F.R.Part 2 and all regulations applicable to these laws prohibiting discrimination because of race, color, National origin,and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended,cited above. If necessary, Shelley Christman and Social Services will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Certifications Shelley Christman certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals,insurance, etc. required to properly provide the services and/or supplies covered by this contract. 9. Monitoring and Fvaluation Shelley Christman and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Shelley Christman and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Shelley Christman. Shelley Christman shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Shelley Christman pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate,such program data, special analyses, on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 10. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 11. Remedies The Director of Social Services or designee may exercise the following remedial actions should s/he find Shelley Christman substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by Mayfield. These remedial actions are as follows: a. Withhold payment to Shelley Christman until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables, which have not been performed and which due to circumstances caused by Shelley Christman cannot be performed or if performed would be of no value to the Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social Services; c. Incorrect payment to Shelley Christman due to omission,error,fraud,and/or defalcation shall be recovered from Shelley Christman by deduction from subsequent payments under this Agreement or other agreements between Social Services and Shelley Christman,or by Social 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 Rnmansik Social Services Administrator Name Tide For SHELLEY CHRISTMAN: Shelley Christman Respite Care Provider Name Title 13. Notice All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s)or address to whom such notices shall be sent: To: Social Services To: Shelley Christman Judy A Ciriego,Director 414 7ante Way P O Box A Brighton,Colorado R0603 Greeley,CO R0612 14. Litigation Shelley Christman shall promptly notify Social Services in the event that Shelley Christman learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Shelley Christman,within five(5)calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to the Social Services Director. The term"litigation"includes an assignment for the benefit of creditors, and filings in bankruptcy,reorganization and/or foreclosure. 15. Termination This Agreement may be terminated at any time by either party given thirty(30)days written notice and is subject to the availability of funding. Shelley Christman reserves the right to suspend services to clients if funding is no longer available. 16. Entire Agreement This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties with respect to the subject matter hereof,and may not be changed or modified except as stated in Paragraph 10 herein. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. J ATTEST: WELD COUNTY $4�' 6 T< OUNTY CLERK TO THE BOARD c S WELD O B s By: p n axP Deputy Clerk �! David E. Long,Chair DE 1 2003 APPR VE S TO RM: RESPITE C /ABY ntty Attorney elley Chris WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Due r EXHIBIT A SCOPE OF SERVICES 1. Complete a fingerprint card for a background check with the Colorado Bureau of Investigation. A Federal Bureau of Investigation background check will be done if you have been a resident of the State of Colorado for less than two years. The Department will clear the Shelley Christman through the State of Colorado Central Registry of Child Abuse; 2. Complete a course in CPR and first aid; 3. Provide transportation for the child to appointments during the hours of service as agreed upon with the foster parent; 4. Become familiar with State rules and regulations governing certified foster homes; 5. Must be eighteen years of age or older. EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Social Services agrees to reimburse Shelley Christman in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Shelley Christman, in association with said project prior to the term of this agreement, are not eligible Social Services expenditures and shall not be reimbursed by Social Services. Payment pursuant to this Contract, if Child Welfare Regular Administration funds,whether in whole or in part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration funds for the purposes hereof. In the event that said funds, or any part thereof,become unavailable as determined by Social Services, Social Services may immediately terminate this Contract or amend it accordingly. 2. Fees for Services Respite care is limited to four hours per week per child. The hours of care may be provided in any combination throughout a month,but not to exceed 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 mat be sent to collections by Shelley Christman for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Shelley Christman will collect any applicable sliding scale co-pays and credit Social Services for any payments received on the monthly billing statements. 3. Submittal of Vouchers Shelley Christman shall prepare and submit monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. EXHIBIT C ASSURANCES 1. Shelley Christman agrees it is an independent contractor and that its officers and employees do not become employees of Weld County,nor are they entitled to any employee benefits as Weld County employees,as the result of the execution of this Agreement. 2. Weld County,the Board of County Commissioners of Weld County,its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Shelley Christman- contracted Shelley Christmans or its employees,volunteers,or agents while performing duties as described in this Agreement. Shelley Christman shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. Shelley Christman shall provide adequate liability and worker's compensation insurance for all its employees,volunteers,and agents engaged in the performance of the Agreement upon request, Shelley Christman shall provide Social Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections,paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection,paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more sections, subsections,paragraphs, sentences,clauses, or phases might be declared to be unconstitutional or invalid. 6. No officer,member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement or the proceeds thereof. 7. Shelley Christman assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed, color,sex, or national origin,be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. Shelley Christman assures that sufficient,auditable,and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors, and representatives to audit and monitor Shelley Christman. 9. All such records,documents,communications, and other materials shall be the property of Social Services and shall be maintained by Shelley Christman,in a central location and custodian, in behalf of Social Services, for a period of four(4)years from the date of 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 fording. 10. Shelley Christman assures that authorized local,federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities,supported with 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. Shelley Christman or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Shelley Christman certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Shelley Christman,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal,amendment, or modification of any Federal contract, loan,grant,or cooperative agreement. 13. Shelley Christman assures that it will fully comply with all other applicable federal and state laws. Shelley Christman understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Shelley Christman assures and certifies that it and its principals: a. Are not presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a federal department of agency. b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal,state,or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition.During the term of the Contract, Shelley Christman shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, Shelley Christman shall submit to Social Services,a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Social Services' termination, for cause,of its contract with Shelley Christman. 16. Shelley Christman shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of Shelley Christman shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Shelley Christman written policies governing access to,duplication and dissemination of, all such information. Shelley Christman shall advise its employees, agents,and subcontractor,if any, that they are subject to these confidentiality requirements. Shelley Christman shall provide its employees, agents,and subcontractors,if any,with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development,trade secrets,business affairs, internal operations and management procedures and those of its customers, clients or affiliates,but does not include information(1)lawfully obtained from third parties, (2) that which is in the public domain,or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by Shelley Christman in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Shelley Christman for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND GRETA MASTERSON This Agreement,made and entered into the day of November 2003,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 Greta Masterson, 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, Greta Masterson is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn This Agreement shall become effective on November 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 Greta Masterson 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. Greta Masterson 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. Greta Masterson 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. CG'3-.:, 74 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, Greta Masterson 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. Greta Masterson 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 Greta Masterson has failed to comply with the Financial Management Requirements,program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Greta Masterson may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Greta Masterson 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 iawws At all times during the performance of this contract,Greta Masterson 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 rd.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,Greta Masterson 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 Greta Masterson 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 Fvabwtion Greta Masterson and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Greta Masterson and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Greta Masterson. Greta Masterson shall permit Social Services, and any other duly authorized agent or governmental agency, to monitor all activities conducted by Greta Masterson 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 Greta Masterson 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 Greta Masterson 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 Greta Masterson 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 Greta Masterson due to omission,error,fraud,and/or defalcation shall be recovered from Greta Masterson by deduction from subsequent payments under this Agreement or other agreements between Social Services and Greta Masterson,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 GRETA MASTERSON: Greta Masterson 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: Greta Masterson lndy A Griegn,Director 75461 WCR 50 P G Box A Kersey,CO 50644 Greeley,CO 50617 14. J;ligation Greta Masterson shall promptly notify Social Services in the event that Greta Masterson learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Greta Masterson, 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. Greta Masterson 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: 0.0711441 /., r•' WELD COUNTY (1861 (f` v i OF COUNTY CLERK TO THE BOARD , ;OP. +�� SIONERS WELD • ,CO 4 re By: 4. kts 1\ •� C' Deputy Clerk David .Long,Chair DE • 2003 APPROVED TO FORM: RESPITECARE PROVIDER BY 41E.��``u C`unty Attorney Greta Masterson WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: l/ Dire r 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 Greta Masterson 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 Greta Masterson in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Greta Masterson, 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 Greta Masterson for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Greta Masterson 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 Greta Masterson 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. Greta Masterson 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 Greta Masterson-contracted Greta Mastersons or its employees,volunteers, or agents while performing duties as described in this Agreement. Greta Masterson shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. Greta Masterson 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,Greta Masterson 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. Greta Masterson 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. Greta Masterson 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 Greta Masterson. 9. All such records,documents, communications, and other materials shall be the property of Social Services and shall be maintained by Greta Masterson,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. Greta Masterson 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. Greta Masterson or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Greta Masterson certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Greta Masterson,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. Greta Masterson assures that it will fully comply with all other applicable federal and state laws. Greta Masterson understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Greta Masterson 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,Greta Masterson 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, Greta Masterson 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 Greta Masterson. 16. Greta Masterson 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 Greta Masterson shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Greta Masterson written policies governing access to, duplication and dissemination of,all such information. Greta Masterson shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Greta Masterson 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 Greta Masterson in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Greta Masterson for similar information in the course of its own business. • CHILD PROTE€'FIpN G EMENT FOR SERVICES BETWEEN THE WELD COUNTY DEA 41z NT OF SOCIAL SERVICES AND ANGELA COLUNGA This Agreement,made and entered into the (, day of November 2003,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 Angela Colunga. 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,Angela Colunga is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn uelar This Agreement shall become effective on'B'cplcrsic. 1,2003,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 Angela Colunga 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. Angela Colunga 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. Angela Colunga 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,Angela Colunga 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. Angela Colunga 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 Angela Colunga has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Angela Colunga may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Angela Colunga 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,Angela Colunga 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,Angela Colunga 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 Angela Colunga 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 Angela Colunga and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Angela Colunga and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Angela Colunga. Angela Colunga shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Angela Colunga 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 Angela Colunga 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 Angela Colunga 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 Angela Colunga 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 Angela Colunga due to omission,error,fraud,and/or defalcation shall be recovered from Angela Colunga by deduction from subsequent payments under this Agreement or other agreements between Social Services and Angela Colunga,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 Rnmansik Social Services Administrator Name Title For ANGELA COLUNGA: Angela Coiling? 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: Angela Colunga Judy A Griegp,Director 1115 76th Street P O Rnx A Greeley,Colorado 80611 Greeley,CO 20617 14. Litigation Angela Colunga shall promptly notify Social Services in the event that Angela Colunga learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Angela Colunga, 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. Angela Colunga 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: ii2kta ��;;•:, ;, ^\ WELD COUNTY y e`f7$OARD OF COUNTY CLERK TO THE BOARD 1861 t' C OMI4IISS ONERS WELD OyOCItITY, LO O By: �1./ , - ^fit K : ' Deputy Clerk e `" j 1 David E.Long,Chair E 01 2003 APPRO AS TO ORM: RESPITE CARE PROVIDER BY v L'CLLD 41,r1A, (;s. County Attorney Angela olunga WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: D r or 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 Angela Colunga 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 Angela Colunga in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Angela Colunga, 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 Angela Colunga for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Angela Colunga 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 Angela Colunga 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. Angela Colunga 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 Angela Colunga-contracted Angela Colungas or its employees,volunteers, or agents while performing duties as described in this Agreement. Angela Colunga shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers, and agents. Angela Colunga 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,Angela Colunga 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. Angela Colunga 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. Angela Colunga 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 Angela Colunga. 9. All such records,documents,communications,and other materials shall be the property of Social Services and shall be maintained by Angela Colunga, 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. Angela Colunga 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. Angela Colunga or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Angela Colunga certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Angela Colunga,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. Angela Colunga assures that it will fully comply with all other applicable federal and state laws. Angela Colunga understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Angela Colunga 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,Angela Colunga 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,Angela Colunga 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 Angela Colunga. 16. Angela Colunga 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 Angela Colunga shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Angela Colunga written policies governing access to, duplication and dissemination of, all such information. Angela Colunga shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Angela Colunga 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 Angela Colunga in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Angela Colunga for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND LEOPOLD RIVERA This Agreement,made and entered into the day of November 2003,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 Leopold Rivera. 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,Leopold Rivera is a for-profit Sole-Proprietor. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: Term This Agreement shall become effective on November 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 Leopold Rivera 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. Leopold Rivera 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. Leopold Rivera 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. 3&7� 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,Leopold Rivera 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. Leopold Rivera 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 Leopold Rivera has failed to comply with the Financial Management Requirements,program objectives,contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Leopold Rivera may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Leopold Rivera 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,Leopold Rivera 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, Leopold Rivera 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 Leopold Rivera 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 Leopold Rivera and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Leopold Rivera and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Leopold Rivera. Leopold Rivera shall permit Social Services, and any other duly authorized agent or governmental agency, to monitor all activities conducted by Leopold Rivera 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 Leopold Rivera 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 Leopold Rivera 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 Leopold Rivera 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 Leopold Rivera due to omission,error,fraud,and/or defalcation shall be recovered from Leopold Rivera by deduction from subsequent payments under this Agreement or other agreements between Social Services and Leopold Rivera,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 LEOPOLD RIVERA: J eopold Rivera 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: Leopold Rivera Judy A Griego,Director 1024 B Street P O Box A Greeley,CO R0631 Greeley, CO 50632 14. T.itigtion Leopold Rivera shall promptly notify Social Services in the event that Leopold Rivera learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Leopold Rivera, 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. Leopold Rivera reserves the right to suspend services to clients if finding 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. ;gip ry ff f ATTEST: WELD COUNTY 1eG rt./ 1:$. �OE COUNTY CLERK TO THE BOARD ; r SSI RS WELD / y�/J/ o / „ t is C RAD By: 1QLI F ,�z `bi ti yr ." Deputy Clerk David E.Long,Chair C 0 1 2003 APPROVED Y-TO FO • RESPITE CARE PROVIDER BY { A County Attome Leopold Rivera WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direc 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 Leopold Rivera 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 Leopold Rivera in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Leopold Rivera,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 Leopold Rivera for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Leopold Rivera 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 Leopold Rivera 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. Leopold Rivera 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 Leopold Rivera-contracted Leopold Riveras or its employees,volunteers, or agents while performing duties as described in this Agreement. Leopold Rivera shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Leopold Rivera 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, Leopold Rivera 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. Leopold Rivera 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. Leopold Rivera 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 Leopold Rivera. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Leopold Rivera,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. Leopold Rivera 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. Leopold Rivera or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Leopold Rivera certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Leopold Rivera,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. Leopold Rivera assures that it will fully comply with all other applicable federal and state laws. Leopold Rivera understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Leopold Rivera 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, Leopold Rivera 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,Leopold Rivera 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 Leopold Rivera. 16. Leopold Rivera 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 Leopold Rivera shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Leopold Rivera written policies governing access to, duplication and dissemination of, all such information. Leopold Rivera shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Leopold Rivera 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 Leopold Rivera in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Leopold Rivera for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND EVA DONKIN This Agreement,made and entered into the day of November 2003,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 Eva Donkin. 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, Eva Donkin is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Termoo � This Agreement shall become effective on Septem��,,, tiL 1,M03,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 Eva Donkin 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. Eva Donkin 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. Eva Donkin 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. ,: I,Y'.s - . 5(76 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, Eva Donkin 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. Eva Donkin 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 Eva Donkin has failed to comply with the Financial Management Requirements,program objectives,contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,Eva Donkin may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Eva Donkin 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 1 aws At all times during the performance of this contract,Eva Donkin 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, Eva Donkin 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 Eva Donkin 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 Eva Donkin and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Eva Donkin and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Eva Donkin. Eva Donkin shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Eva Donkin 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 Eva Donkin 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 Eva Donlon 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 Eva Donkin 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 Eva Donkin due to omission,error,fraud,and/or defalcation shall be recovered from Eva Donkin by deduction from subsequent payments under this Agreement or other agreements between Social Services and Eva Donkin,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 Rnmansik Social Services Administrator Name Title For EVA DONIUN: Eva Donkin Respite('are Provider Name Title 13. Notire 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: Eva Donkin Judy A Griegn,Director 700 N 35th Aveime#46 P n Box A Greeley,Colorado 50634 Greeley,CO 50612 14. Litigation Eva Donkin shall promptly notify Social Services in the event that Eva Donkin learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Eva Donkin, 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. Eva Donkin 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: 1 WELD COUNTY " �B F COUNTY CLERK TO THE BOARD s' ` IONERS WELD I(�V'�;r CO ,C RAD By: ..4fiz 4 E lt. Deputy Clerk 6V David E.Long,Chair O 1 2003 APPROV AS TO FORM: RESPITE CARE PROVIDER BY �tyt 4sc{- County Attorney Eva Do WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: D. for 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 Eva Donkin 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 Eva Donkin in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Eva Donkin, 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 Eva Donkin for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Eva Donkin 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 Eva Donkin 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. Eva Donkin 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 Eva Donkin-contracted Eva Donkins or its employees,volunteers, or agents while performing duties as described in this Agreement. Eva Donkin shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees,volunteers,and agents. Eva Donkin 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, Eva Donkin 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. Eva Donkin 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. Eva Donkin 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 Eva Donkin. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Eva Donkin, 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. Eva Donkin 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. Eva Donkin or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Eva Donkin certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Eva Donkin,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. Eva Donkin assures that it will fully comply with all other applicable federal and state laws. Eva Donkin understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Eva Donkin 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,Eva Donkin 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,Eva Donkin 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 Eva Donkin. 16. Eva Donkin 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 Eva Donkin shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Eva Donkin written policies governing access to, duplication and dissemination of,all such information. Eva Donkin shall advise its employees,agents,and subcontractor,if any,that they are subject to these confidentiality requirements. Eva Donkin 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 Eva Donkin in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Eva Donkin for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND MELANIE LUNA This Agreement,made and entered into the day of November 2003,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 Melanie Luna- 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,Melanie Luna is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tenn This Agreement shall become effective on November 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 Melanie Luna 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. Melanie Luna 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. Melanie Luna 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. Lc3--342 x4 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,Melanie Luna 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. Melanie Luna 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 Melanie Luna has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Melanie Luna may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Melanie Luna 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,Melanie Luna 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,Melanie Luna 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 Melanie Luna 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 Fvahration Melanie Luna and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Melanie Luna and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Melanie Luna. Melanie Luna shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Melanie Luna 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 Melanie Luna 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 Melanie Luna 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 Melanie Luna 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 Melanie Luna due to omission,error,fraud,and/or defalcation shall be recovered from Melanie Luna by deduction from subsequent payments under this Agreement or other agreements between Social Services and Melanie Luna,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 MELANIE LUNA: Melanie I Tina 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: Melanie Luna Judy A Grief Director 919 S Fthel Avenue P O Box A Milliken,Co R0543 Greeley CO 80637 14. Litigation Melanie Luna shall promptly notify Social Services in the event that Melanie Luna learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Melanie Luna,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. Melanie Luna reserves the right to suspend services to clients if finding 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: l t WELD COUNTY • •. OF COUNTY CLERK TO THE BOARD r } •c-^'\ Cs SIONERS WELD r, k ^j a f � DRANO Deputy Clerk Davy E.Long,Chair DEC 12003 APPROV D AS TO FORM: RESPITE CARE PROVIDER �/aflY------ BY � County Attom Melanie L WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Dire r 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 Melanie Luna 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 Melanie Luna in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Melanie Luna,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 Melanie Luna for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Melanie Luna 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 Melanie Luna 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. Melanie Luna 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 Melanie Luna-contracted Melanie Lunas or its employees,volunteers,or agents while performing duties as described in this Agreement. Melanie Luna shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. Melanie Luna 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,Melanie Luna 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. Melanie Luna 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. Melanie Luna 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 Melanie Luna. 9. All such records,documents, communications,and other materials shall be the property of Social Services and shall be maintained by Melanie Luna,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. Melanie Luna 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. Melanie Luna or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Melanie Luna certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Melanie Luna,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. Melanie Luna assures that it will fully comply with all other applicable federal and state laws. Melanie Luna understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Melanie Luna 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,Melanie Luna 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, Melanie Luna 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 Melanie Luna. 16. Melanie Luna 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 Melanie Luna shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Melanie Luna written policies governing access to, duplication and dissemination of, all such information. Melanie Luna shall advise its employees,agents, and subcontractor,if any,that they are subject to these confidentiality requirements. Melanie Luna 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 Melanie Luna in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Melanie Luna for similar information in the course of its own business. • /0", CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES "4 AND LINDA JOHNSON f0 This Agreement,made and entered into the day of November 2003,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 Linda Johnson. 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, Linda Johnson is a for-profit Sole-Proprietor. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tema This Agreement shall become effective on November 1,2003,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 Linda Johnson 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. Linda Johnson 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. Linda Johnson 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,Linda Johnson 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. Linda Johnson 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 Linda Johnson has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Linda Johnson may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Linda Johnson 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,Linda Johnson 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,Linda Johnson and Social Services will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible, as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state fmancial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Certifications Linda Johnson 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 Linda Johnson and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Linda Johnson and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Linda Johnson. Linda Johnson shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Linda Johnson 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 Linda Johnson 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 Linda Johnson 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 Linda Johnson 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 Linda Johnson due to omission,error,fraud,and/or defalcation shall be recovered from Linda Johnson by deduction from subsequent payments under this Agreement or other agreements between Social Services and Linda Johnson,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 Tide For LINDA JOHNSON: I inda Johnson Respite Care Provider Name Tide 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: Linda Johnson Judy A Griegn,Director P O Rex 454 P G Box A Fort T Upton,Co R0671 Greeley SD 50617 14. Litigation Linda Johnson shall promptly notify Social Services in the event that Linda Johnson learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Linda Johnson,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. Linda Johnson 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 �} -14.3O,A:RD OF COUNTY CLERK TO THE BOARD , y a .•1 NI A ISSIONERS WELD �BY: CZEI.t y` r y U. Deputy Clerk CT r y David E. Long,Chair 2003 LJ A oEc 1 APPROV AS TO FORM: •_ RESPITE CARE PROVV�IDE (4, � N BY i745?> t; County Atto ey Linda Johnson WELD COUNTY DEPARTMENT OF SOCIAL S RVICES By: Dir ct r 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 Linda Johnson 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 Linda Johnson in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Linda Johnson,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 fluids, or any part thereof,become unavailable as determined by Social Services,Social Services may immediately terminate this Contract or amend it accordingly. 2. Fees fur 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 Linda Johnson for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Linda Johnson will collect any applicable sliding scale co-pays and credit Social Services for any payments received on the monthly billing statements. 3. Sohmittal of Vouchers Linda Johnson 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. Linda Johnson 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 Linda Johnson-contracted Linda Johnson or its employees,volunteers,or agents while performing duties as described in this Agreement. Linda Johnson shall indemnify,defend, and hold harmless Weld County, the Board of County Commissioners of Weld County,its employees,volunteers, and agents. Linda Johnson 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,Linda Johnson 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. Linda Johnson 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. Linda Johnson 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 Linda Johnson. 9. All such records,documents, communications,and other materials shall be the property of Social Services and shall be maintained by Linda Johnson,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. Linda Johnson 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. Linda Johnson or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Linda Johnson certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Linda Johnson,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. Linda Johnson assures that it will fully comply with all other applicable federal and state laws. Linda Johnson understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Linda Johnson 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, Linda Johnson 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, Linda Johnson 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 Linda Johnson. 16. Linda Johnson 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 Linda Johnson shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Linda Johnson written policies governing access to, duplication and dissemination of, all such information. Linda Johnson shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Linda Johnson 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 Linda Johnson in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Linda Johnson for similar information in the course of its own business. 2003 CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND KATIE OWENS This Agreement,made and entered into the/Lx day of November 2003,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 Katie Owens, 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,Katie Owens is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tema This Agreement shall become effective on November 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 Katie Owens 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. Katie Owens 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. Katie Owens 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. a�OG 3- 3�%� 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,Katie Owens 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. Katie Owens 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 Katie Owens has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Katie Owens may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Katie Owens 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,Katie Owens 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 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,Katie Owens 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 Katie Owens 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 Katie Owens and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Katie Owens and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Katie Owens. Katie Owens shall permit Social Services,and any other duly authorized agent or governmental agency,to monitor all activities conducted by Katie Owens 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 Katie Owens 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 Katie Owens 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 Katie Owens 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 Katie Owens due to omission,error,fraud,and/or defalcation shall be recovered from Katie Owens by deduction from subsequent payments under this Agreement or other agreements between Social Services and Katie Owens,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 KATIE OWENS: Katie Owens 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: Katie Owens Judy A Grieg,o,Director 3804 Burlington Avenue P O Box A Evans,CO 80620 Greeley,CO 80632 14. J.itipntion Katie Owens shall promptly notify Social Services in the event that Katie Owens learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Katie Owens,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. Katie Owens reserves the right to suspend services to clients if funding is no longer available. 16. Entire Agreement This Agreement,together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 10 herein. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. l • ATTEST: •' l. �' ./,-/ ,: .y��"r WELD COUNTY + � ' I OF COUNTY CLERK TO THE BOARD A '1s6! '�", ' 1<K. MISSI RS WELD Y,C RAD By: gi Deputy Clerk `17 u, t David E. Long,Chair O ' 1 2003 APPROV-4 AS TO FORM: RESPITE CAI;.E PROVIDER - ln BY , .c,-M„..640._„:, As- County Attorn y /Katie Owens WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Direct' 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 Katie Owens 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 Funding and Method of Payment Social Services agrees to reimburse Katie Owens in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Katie Owens, 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 Katie Owens for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Katie Owens 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 Katie Owens 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. Katie Owens 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 Katie Owens-contracted Katie Owenss or its employees, volunteers, or agents while performing duties as described in this Agreement. Katie Owens shall indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,its employees, volunteers,and agents. Katie Owens 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,Katie Owens 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. Katie Owens 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. Katie Owens 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 Katie Owens. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Katie Owens, 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. Katie Owens 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. Katie Owens or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Katie Owens certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Katie Owens,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. Katie Owens assures that it will fully comply with all other applicable federal and state laws. Katie Owens understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Katie Owens 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,Katie Owens 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,Katie Owens 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 Katie Owens. 16. Katie Owens 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 Katie Owens shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Katie Owens written policies governing access to,duplication and dissemination of,all such information. Katie Owens shall advise its employees, agents,and subcontractor,if any,that they are subject to these confidentiality requirements. Katie Owens 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 Katie Owens in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Katie Owens for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND MEGAN WOMMACK This Agreement,made and entered into the day of November 2003,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 Megan Wommack 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,Megan Wommack is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tani This Agreement shall become effective on November 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 Megan Wommack 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. Megan Wommack 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. Megan Wommack 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. 3,:te3 . 32 X 4. Financial Management At all times from the effective date of this Contract until completion of this Contract,Megan Wommack 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. Megan Wommack 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 Megan Wommack has failed to comply with the Financial Management Requirements,program objectives, contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Megan Wommack may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Megan Wommack 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 1 aws At all times during the performance of this contract,Megan Wommack 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 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,Megan Wommack 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 Megan Wommack 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 Megan Wommack and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Megan Wommack and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Megan Wommack. Megan Wommack shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Megan Wommack 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 Megan Wommack 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 Megan Wommack 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 Megan Wommack 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 Megan Wommack due to omission,error,fraud,and/or defalcation shall be recovered from Megan Wommack by deduction from subsequent payments under this Agreement or other agreements between Social Services and Megan Wommack,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 MEGAN WOMMACK: Megan Wommack 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: Megan Wommack Judy A Griper),Director 1771 11th Street P 0 Box A Greeley,CO 80611 Greeley,CO 80612 14. Jitig.tion Megan Wommack shall promptly notify Social Services in the event that Megan Wommack learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Megan Wommack, 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. Megan Wommack 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 , G�""y!f WELD COUNTY f .r : ' OF COUNTY CLERK TO THE BOARD ; y ;, r las C MISSIO RS WELD By: d/Z- ( -) ?• Fr A Deputy Clerk David E.Long, hair DEC O APPROVE S TO F RESPITE CARE PROVIDER A _ /' � BY `U/l iga' 7 ` ieskientna6/4._ Aso f_ County Atto ey Megan Wommack WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Duec o 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 Megan Wommack 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 Megan Wommack in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Megan Wommack,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 l6hours 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 Megan Wommack for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Megan Wommack 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 Megan Wommack 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. Megan Wommack 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 Megan Wommack- contracted Megan Wommacks or its employees,volunteers, or agents while performing duties as described in this Agreement. Megan Wommack shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Megan Wommack 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,Megan Wommack 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. Megan Wommack 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. Megan Wommack 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 Megan Wommack. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by Megan Wommack,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. Megan Wommack 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. Megan Wommack or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Megan Wommack certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Megan Wommack, 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. Megan Wommack assures that it will fully comply with all other applicable federal and state laws. Megan Wommack understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Megan Wommack 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,Megan Wommack 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,Megan Wommack 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 Megan Wommack. 16. Megan Wommack 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 Megan Wommack shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Megan Wommack written policies governing access to,duplication and dissemination of,all such information. Megan Wommack shall advise its employees, agents,and subcontractor, if any,that they are subject to these confidentiality requirements. Megan Wommack 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 Megan Wommack in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Megan Wommack for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND ASHLEY MONTOYA This Agreement,made and entered into the)t) day of November 2003,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 Ashley Montoya. 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,Ashley Montoya 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 November 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 Ashley Montoya 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. Ashley Montoya 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. Ashley Montoya 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,Ashley Montoya 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. Ashley Montoya 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 Ashley Montoya has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Ashley Montoya may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Ashley Montoya 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,Ashley Montoya 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,Ashley Montoya 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 Ashley Montoya 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 Ashley Montoya and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Ashley Montoya and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Ashley Montoya. Ashley Montoya shall permit Social Services,and any other duly authorized agent or governmental agency, to monitor all activities conducted by Ashley Montoya 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 Ashley Montoya 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 Ashley Montoya 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 Ashley Montoya 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 Ashley Montoya due to omission,error,fraud,and/or defalcation shall be recovered from Ashley Montoya by deduction from subsequent payments under this Agreement or other agreements between Social Services and Ashley Montoya,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 Rnmansik Social Services Administrator Name Title For ASHLEY MONTOYA: Ashley Montoya 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: Ashley Montoya Jody A Grief"),Director 1315 Cranford Place P O Box A Greeley,CO 20611 Greeley,CO 20632 14. J itigtion Ashley Montoya shall promptly notify Social Services in the event that Ashley Montoya learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement. Ashley Montoya,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. Ashley Montoya 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: �"7 WELD COUNTY •... , '. J' OF COUNTY CLERK TO THE BOARD I ,1,, i °•.g::•<, ''a.�,,,9 ISSI ERS WELD YK { 4�m�-' ?+ '� C ,C ORAD Crf -'9 Br CdttLti,co— -6 4 ^w.. . ; y.v4 11.... .‘"-S, David E.Long,Chair Deputy Clerk *„ DEC 1 2003 �C APPROVED 0 FORM: RESPITE C RE PROVIDE BY l geo - C Atto �7 /n�/' me Ashley Mont ya WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By: Dire r 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 Ashley Montoya 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 Ashley Montoya in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Ashley Montoya,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 Ashley Montoya for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Ashley Montoya 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 Ashley Montoya 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 Ashley Montoya 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 Ashley Montoya-contracted Ashley Montoyas or its employees,volunteers, or agents while performing duties as described in this Agreement. Ashley Montoya shall indemnify,defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers, and agents. Ashley Montoya 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,Ashley Montoya 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. Ashley Montoya 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. Ashley Montoya 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 Ashley Montoya. 9. All such records,documents,communications, and other materials shall be the property of Social Services and shall be maintained by Ashley Montoya,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. Ashley Montoya 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. Ashley Montoya or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Ashley Montoya certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Ashley Montoya,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. Ashley Montoya assures that it will fully comply with all other applicable federal and state laws. Ashley Montoya understands that the source of funds to be used under this Contract is Child Welfare Regular Administration funds. 14. Ashley Montoya 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,Ashley Montoya 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,Ashley Montoya 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 Ashley Montoya. 16. Ashley Montoya 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 Ashley Montoya shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Ashley Montoya written policies governing access to, duplication and dissemination of,all such information. Ashley Montoya shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Ashley Montoya 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 Ashley Montoya in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Ashley Montoya for similar information in the course of its own business. CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND KARI WERTZ This Agreement,made and entered into the day of November 2003,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 Kari Wertz. 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,Kari Wertz is a for-profit Sole-Proprietor. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: 1. Tema This Agreement shall become effective on November 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 Kari Wertz 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. Kari Wertz 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. Kari Wertz 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,Kari Wertz 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. Kari Wertz 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 Kari Wertz has failed to comply with the Financial Management Requirements,program objectives,contractual terms,or reporting requirements. In the event of a forfeiture of reimbursements,Kari Wertz may appeal such circumstance to the Director of Social Services. The decision of the Director of Social Services shall be final. 6. Assurances Kari Wertz 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,Kari Wertz 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,Kari Wertz and Social Services will resist in judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2. Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state fmancial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 8. Certifications Kari Wertz 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 Kari Wertz and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by Kari Wertz and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners and Kari Wertz. Kari Wertz shall permit Social Services, and any other duly authorized agent or governmental agency,to monitor all activities conducted by Kari Wertz pursuant to the teims 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 Kari Wertz 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 Kari Wertz 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 Kari Wertz 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 Kari Wertz due to omission,error,fraud,and/or defalcation shall be recovered from Kari Wertz by deduction from subsequent payments under this Agreement or other agreements between Social Services and Kari Wertz,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 Sorial Services Administrator Name Title For KARI WERTZ: Kari Wertz 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: Kari Wertz Judy A Grier,Director 7174 59th Avenue Court P O Box A Greeley,.CO 80614 Greeley,CO 80617 14. J itigstion Kari Wertz shall promptly notify Social Services in the event that Kari Wertz learns of any actual litigation in which it is a party defendant in a case that involves services provided under this Agreement.Kari Wertz, 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. Kari Wertz 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. E�ATTEST: / -,:',;\ WELD COUNTY If 1 .' ice.:::' OF COUNTY CLERK TO THE BOARD ':at' _s SS o ERS WELD , 00 O s y \ , es W • i. ..By: ....d..“, L.: C. Deputy Clerk David E.Long,Chair APPROVE AS TO FORM: ' RESPITE C RE P • PER BY " ounty Attomey 'ari Wertz WELD COUNTY DEPARTMENT OF SOCIAL SERVICES / By: Dr t r 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 Kari Wertz 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 Funding and Method of Payment Social Services agrees to reimburse Kari Wertz in consideration for the work and services performed under Child Welfare Regular Administration funding. Expenses incurred by Kari Wertz, 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 Kari Wertz for default of co-pay/fees. Services will be performed regardless of client's refusal or inability to pay co-pay. Kari Wertz 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 Kari Wertz 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. Kari Wertz 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 Kari Wertz-contracted Kari Wertzs or its employees,volunteers,or agents while performing duties as described in this Agreement. Kari Wertz shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees,volunteers,and agents. Kari Wertz 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,Kari Wertz 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. Kari Wertz 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. Kari Wertz 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 Kari Wertz. 9. All such records,documents,communications, and other materials shall be the property of Social Services and shall be maintained by Kari Wertz, 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. Kari Wertz 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. Kari Wertz or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. Kari Wertz certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of Kari Wertz,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. Kari Wertz assures that it will fully comply with all other applicable federal and state laws. Kari Wertz understands that the source of fluids to be used under this Contract is Child Welfare Regular Administration fluids. 14. Kari Wertz 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,Kari Wertz 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,Kari Wertz 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 Kari Wertz. 16. Kari Wertz 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 Kari Wertz shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with Kari Wertz written policies governing access to,duplication and dissemination of, all such information. Kari Wertz shall advise its employees,agents, and subcontractor, if any,that they are subject to these confidentiality requirements. Kari Wertz 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 Kari Wertz in the course of providing services under this Contract will be accorded at least the same precautions as are employed by Kari Wertz for similar information in the course of its own business. • • DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80832 1 WEBSITE:www.co.weld.co.us Administration and Public Assistance(970)352-1551 CChild Support(970)352-6933• COLORADO MEMORANDUM TO: David E. Long, Chair Date: November 25, 2003 Board of County Commissioners FR: Judy A. Griego, Director, Social Services o gloat) RE: Agreements to Purchase Respite Care Bet een 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 with various vendors. These Agreements were reviewed at the Board's Work Session.of October 27, 2003. These vendors constitute approximately 50% of all vendors to be contracted with for respite care. The major provisions of the Agreements are as follows: 1. The term is November 1, 2003 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. A. Stacie Oliver M. Kendra Gesick B. Nancy Weber N. Shelley Christman C. Connie Simonds O. Greta Masterson D. Angelia Kelly P. Angela Colunga E. Martha Benavidez Q. Leopold Rivera F. Sherilyn Olson R. Eva Donkin G. Brandy Steele S. Melanie Luna H. Kimberly Miller T. Linda Johnson I. Kevin Moore U. Katie Owens J. Jennifer Finlayson V. Megan Wommack K. Diana Lujan W. Ashley Montoya L. Charlotte Bellais X. Kari Wertz If you have any questions, please telephone me at extension 6510. 2003-3276 Hello