HomeMy WebLinkAbout20241703.tiffConiva c* 1 83 (DI
AGREEMENT FOR FOSTER CARE RESPITE SERVICES
BETWEEN WELD COUNTY
AND KRISTI JAUKEN AND MICHAEL JAUKEN
THIS AGREEMENT is made and entered into this 2"I day of Jll llL , 2024
by and between the Board of County Commissioners of the County of Weld, State of Colorado,
on behalf of the Weld County Department of Human Services, whose address is 1150 "O" Street,
Greeley, Colorado 80631, hereinafter referred to as "County", and Kristi Jauken and Michael
Jauken, whose address is 1730 Ruddleswav Drive, Windsor, Colorado 80550, hereinafter referred
to as "Contractor."
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 funding to the
County for respite care for Weld County certified foster care homes; and
WHEREAS, County has determined that due to the significant challenges often
experienced by certified foster care providers, it is necessary to offer them respite services, as
described in Exhibit A, "Scope of Services", a copy of which is attached hereto and made a part
hereof by this reference, to allow them to continue to provide high quality care for the children
in their charge, and
WHEREAS, Contractor is willing and able to abide by the terms and conditions required
by County, as more fully set forth in this Agreement,
WHEREAS, Contractor is able and available to provide respite services as defined in this
Agreement at the rates set forth in Exhibit B, "Rate Schedule" a copy of which is attached hereto
and made a part hereof by this reference,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
RESPITE CARE PROVIDER'S RIGHTS AND RESPONSIBILITIES:
1. As used in this Agreement "Respite Care" is defined as those childcare services
required by one or more children who are in the care of a certified foster home,
which services are provided by Contractor in order to give foster parents an
opportunity to address matters which cannot be addressed while caring for the
child(ren) in their care. These services are described in Exhibit A. These services
may also include transporting the child to school and other appointments
(0/14124
CMGD)
L/a,s/ v
2024-1703
previously arranged by the foster parent. Transportation services are provided at
the sole risk, responsibility and liability of Contractor.
2. Contractor may provide up to sixteen (16) hours of Respite Care per child per
month for certified Weld County foster homes seeking respite care, as approved
by the Department. The hours of respite care may be provided in any
combination (schedule) throughout the month so long as the total hours provided
does not exceed sixteen (16) hours per month.
3. At all times from the effective date of the Agreement until completion of the
Agreement, Contractor 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 this Agreement must conform to the Single Audit Act of 1984 and
OMG Circular A-133.
4. Contractor agrees to obtain a criminal background check and warrants that if any
previous criminal charge filed against Contractor does not appear in the
background check, he/she shall disclose such charges.
5. Contractor assures that it will fully comply with all applicable Federal and State
laws which govern the ability of the County to comply with the relevant funding
requirements.
6. Contractor assures and certifies as follows:
a. He/She is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation with any
program with a Federal or State department or agency; and
b. He/She has not, within a three-year period preceding this Agreement,
been convicted of or had a civil judgment rendered against him/her for
commission of fraud or criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or Local)
transaction or contract under public transaction; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; and
c. He/She is 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 this certification; and
d. He/She has not, within a three-year period preceding this Agreement, had
one or more public transactions (federal, state, or local) terminated for
cause or default.
2 Revised 5/2024
7. Contractor certifies that, at the time of entering into this Agreement, he/she has
currently in effect all necessary licenses, approvals, insurance, etc., required to
properly provide the services covered by this Agreement. These requirements
include the following:
a. Valid driver's license indicating Contractor is at least eighteen (18) years of
age; and
b. Completed background check through the Colorado Bureau of
Investigation (CBI) and the Federal Bureau of Investigation (FBI).
c. Current CPR and First Aid certifications. If either certification expires
during the term of this Agreement, Contractor shall renew the certification
ensuring that there is no lapse in certification. County will pay for
certification through select CPR and First Aid trainers identified by the
County.
d. Contractor shall procure at least the minimum amount of automobile
liability insurance required by the State of Colorado. County provides no
automobile liability coverage for Contractor. Proof of said automobile
liability insurance shall be provided to County prior to the performance of
any services under this Agreement.
e. Copies of all documentation relating to the foregoing requirements shall
be provided to the County by Contractor prior to the performance of any
services covered under this Agreement. County shall determine eligibility
for certification based upon the successful completion of all required
training and receipt of current documentation.
8. Contractor shall have attended 27 hours of the National Training and
Development Curriculum (NTDC) through the Weld County Department of Human
Services prior to the performance of services under this Agreement. County shall
not compensate Contractor for said training; including time spent traveling to and
from training, time spent in attendance of the training, or any associated costs
paid by Contractor for such training, unless specifically agreed to in writing in
advance by County.
9. Contractor shall indemnify, defend and hold harmless Weld County, the Board of
County Commissioners of Weld County, its employees, volunteers and agents for
any damages caused by his/her actions while performing services pursuant to this
Agreement, and shall hold County harmless from any loss occasioned as a result
of the performance of this Agreement.
10. Contractor shall be totally responsible to provide whatever personal liability
and/or other insurances he/she deems necessary to cover his/her personal
3 Revised 5/2024
liability for any injuries caused by Contractor in the course of providing services
under this Agreement.
11. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled
to any employee benefits from County as a result of the execution of this
Agreement. Contractor shall perform its duties hereunder as an independent
Contractor. Contractor shall be solely responsible for its acts and those of its
agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Unemployment insurance benefits will be available to
Contractor and its employees and agents only if such coverage is made available
by Contractor or a third party. Contractor shall pay when due all applicable
employment taxes and income taxes and local head taxes (if applicable) incurred
pursuant to this Agreement.
12. Contractor shall not have authorization, express or implied, to bind County to any
agreement, liability or understanding.
13. Contractor agrees that he/she shall not use alcohol, illegal drugs, marijuana,
whether for recreational or medical purposes, or any other drugs which have the
potential of impacting Contractor's ability to supervise the children in his/her care
while providing services under this Agreement or within five (5) hours prior to the
provision of said services.
14. Contractor shall protect the confidentiality of all records and other materials to
which he/she has access relating to the foster family and child(ren) to whom the
services are provided, which are maintained in accordance with this Agreement
except for purposes directly connected with the administration of Child
Protection.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. 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 Contractor while performing duties described in this
Agreement.
4 Revised 5/2024
2. County shall not indemnify Contractor for any loss incurred by Contractor as a
result of services performed under this Agreement.
3. County shall pay Contractor in accordance with the terms set forth in Exhibit B, as
long as services are rendered satisfactorily and in accordance with the Agreement.
4. Payment pursuant to this Agreement is subject to, and contingent upon, the
continuing availability of funds made available for the purposes hereof. No portion
of this Agreement shall be deemed to create an obligation on the part of County
to expend funds not otherwise appropriated. The County may terminate this
Agreement at any time if said source of funding is no longer available to County.
5. County may withhold payment under this Agreement if Contractor fails to comply
with any part of the Agreement. In the event County withholds payment,
Contractor may appeal such circumstance in writing to the Weld County Director
of Human Services. The decision of the Weld County Director of Human Services
shall be final.
GENERAL PROVISIONS:
1. This Agreement shall become effective on July 1, 2024, upon proper execution of
this Agreement, and shall expire on June 30, 2027 unless sooner terminated as
provided herein. This Agreement is for a period of three years subject to annual
renewal by written mutual agreement of the parties.
2. Either party may terminate this Agreement at any time for any reason by providing
the other party with a 30 -day written notice thereof. Furthermore, this Agreement
may be terminated by County at any time without notice upon a material breach
by Contractor of the terms of the Agreement.
3. Any amendments or modifications to this agreement shall be in writing and signed
by both parties. No additional services or work performed by Contractor shall
be the basis for additional compensation unless and until Contractor has obtained
written authorization and acknowledgment by County for such additional services.
4. Contractor may not assign or transfer this Agreement, any interest therein or
claim hereunder, without the prior written approval of County. It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or
5 Revised 5/2024
allow any claim or right of action whatsoever by any other person not included in
this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
5. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act of §§24-10-101 eq.,
as applicable now or hereafter amended.
6. If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement 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 Agreement 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.
7. No officer, member or employee of County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in the approved
Agreement or the proceeds thereof. The appearance of conflict of interest applies
to the relationship of a Contractor with County 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 that the Contractor gain from knowledge of these opposing interests.
It is only necessary that the Contractor knows that the two relationships are in
opposition. During the term of the Agreement, Contractor shall not enter into
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, Contractor shall submit to the Department, 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 the Department's termination, for cause, of its Agreement
with the Contractor. Contractor certifies that no Federally appropriated funds
have been paid or will be paid, by or on behalf of Contractor, 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,
6 Revised 5/2024
amendment, or modification of an Federal contract, loan, grant, or cooperative
agreement.
8. This Agreement, together with Exhibits A and B, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified, unless by a written amendment executed by
both parties. This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns. Neither County nor
Contractor may assign any of its rights or obligations hereunder without the prior
consent of the other party.
9. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado.
10. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said
laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
11. In the event of a dispute between County and Contractor, concerning this
Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
12. Neither party to this Agreement shall be liable to the other for delays in delivery
or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but
not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
13. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of
County. In addition, all reports, documents, data, plans, drawings, records and
computer files generated by Contractor in relation to this Agreement and all
reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of
the County. Contractor shall not make use of such material for purposes other
than in connection with this Agreement without prior written approval of County.
7 Revised 5/2024
14. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not
enter into any subcontractor agreements for the completion of this project
without County's prior written consent, which may be withheld in County's sole
discretion.
15. Upon completion of the work, the Contractor shall submit to Department originals
of all tests and results, reports, etc., generated during completion of this work.
Acceptance by Department of reports and incidental material(s) furnished under
this Agreement shall not in any way relieve the Contractor of responsibility for the
quality and accuracy of the services. In no event shall any action by the
Department hereunder constitute or be construed to be a waiver by the
Department of any breach of covenant or default which may then exist on the part
of the Contractor, and the Department's action or inaction when any such breach
or default shall exist shall not impair or prejudice any right or remedy available to
the Department with respect to such breach or default; and no assent, expressed
or implied, to any breach of any one or more covenants, provisions or conditions
of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the Department of, or payment for, any services performed under
this Agreement shall not be construed as a waiver of any of the Department's
rights under this Agreement or under the law generally.
16. The Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such
services and the provisions of this Agreement. The Contractor shall faithfully
perform the work in accordance with the standards of care, skill, training, diligence
and judgment provided by highly competent individuals and entities that perform
services of a similar nature.
17. This Agreement does not guarantee any work nor does it create an exclusive
agreement for services.
18. Contractor agrees that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect and copy
records, and shall be allowed to monitor and review through on -site visits, all
activities related to this Agreement, supported with funds under this Agreement,
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.
8 Revised 5/2024
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
COUNTY:
ATTEST: W" r2 — ;‘1
BY*
eputy CI
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
Kevin D. Ross, Chair JUN 2 4 2024
NTRACTOR:
Kristi Jauken and Michael Jauken
1730 Ruddlesway Drive
Windsor, Colorado 80550
By: Kristi au n Jun 7, 2024 19:45 MDT)
Kristi Jauken
Date: Jun 7, 2024
By: Michael C Jauken (Jun 8, 2024 11:22 MDT)
Michael Jauken
Date: Jun 8, 2024
9
�oz /7 7o
Revised 5/2024
EXHIBIT A
SCOPE OF SERVICES
1. Contractor will provide up to sixteen (16) hours of Respite care services per month
per child for foster children residing in Weld County certified foster homes.
2. Contractor will, at the time of entering into this Agreement, ensure he/she has
completed all the necessary paperwork and has in effect all necessary licenses,
approvals, insurance, etc., required to provide the Respite care services covered
by this Agreement. Contractor will have:
a. Completed and submitted the Colorado Department of Human Services
Application and signed as "Foster Parent/Home" PRIOR to completing the
PRIDE or NTDC training.
b. Successfully completed 27 hours of NTDC training through the County prior
to the performance of services under this Agreement.
c. Provided a copy of their valid driver's license indicating Contractor is at
least eighteen (18) years of age; and
d. Completed a background check through the Colorado Bureau of
Investigation (CBI) and the Federal Bureau of Investigation (FBI).
e. Provided three (3) reference forms completed by non -relatives.
f. Provided proof of current CPR and First Aid certifications.
g. Completed and signed Confidentiality, Discipline and Mandated Reporter
Policies.
h. Provided proof that Contractor has procured at least the minimum amount
of automobile liability insurance required by the State of Colorado. County
provides no automobile liability coverage for Contractor.
Copies of all documentation relating to the foregoing requirements shall be
provided to the County by Contractor prior to the performance of any services
covered under this Agreement. County shall determine eligibility for certification
based upon the successful completion of all required training and receipt of
current documentation.
Contractor further acknowledges that he/she will remain current with all
documentation or certifications for the term of this Agreement. Should an item
expire or otherwise become invalid, Contractor will submit current
documentation to the County to avoid a lapse in documentation and/or
certification.
10 Revised 5/2024
3. Contractor acknowledges that the County shall not compensate Contractor for
said training; including time spent traveling to and from training, time spent in
attendance at the training, or any associated costs paid by Contractor for such
training, unless specifically agreed to in writing in advance by County.
4. Contractor acknowledges that arrangements to provide Respite care services
must be communicated to the child's Caseworker and the Foster Care Coordinator
prior to Respite taking place in order to discuss arrangements and ensure all the
child's needs are met.
5. Contractor will become familiar with and follow all the State and Federal rules and
regulations as applicable to the services provided under this Agreement.
6. Contractor will complete and submit the Respite Care Payment Form each month
by the 2nd of the month following the month of service. The Respite Care Payment
Form will be provided by the Foster Care Coordinator.
11 Revised 5/2024
EXHIBIT B
RATE SCHEDULE
1. Funding and Method of Payment
The County agrees to reimburse the Contractor in consideration of the work and
services performed under this Agreement at the rate specified in Paragraph 2,
below.
Expenses incurred by the Contractor prior to the term of this agreement are not
eligible County expenditures and shall not be reimbursed by the County.
Payment pursuant to this Agreement, whether in whole or in part, is subject to
and contingent upon the continuing availability of said funds for the purposes
hereof. In the event that said funds, or any part thereof, become unavailable as
determined by the County, the County may immediately terminate the Agreement
or amend it accordingly.
Contractor agrees to accept payment by either County warrant or ACH direct
deposit.
2. Fees for Services
Respite care is limited to four (4) hours per week per child. The hours of care
may be provided in any combination throughout a month but may not exceed 16
hours per month. Payment will be $16.75 per each four-hour period but may
not exceed $67.00 per month for 16 hours.
Human Services referrals will not be sent to collections by Contractor for default
of co-pay/fees. Services will be performed regardless of client's refusal or inability
to pay co -pay.
Contractor will collect any applicable sliding scale co -pays and credit Human
Services for any payments received on the monthly billing statements.
3. Submittal of Vouchers
Contractor shall prepare and submit a Respite Care Payment Form each month to
certify that the services authorized were provided on the date(s) indicated and the
charges made were pursuant to the terms and conditions of Exhibit A. The
Respite Care Payment Form will be provided by the Foster Care Coordinator.
12 Revised 5/2024
tr ct F
Entity Information
Entity Name*
JAUKEN, KRISTI
Entity ID
@00045577
Q New Entity?
Contract Name * Contract ID
JAUKEN, KRISTI AND MICHAEL (2024-25 RESPITE 8361
AGREEMENT)
Contract Status
CTB REVIEW
Contract Lead *
SADAMS
Contract Lead Email
sadams@weld.gov;cobbx
xlk@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
(CONSENT) JAUKEN, KRISTI AND MICHAEL 2024-25 RESPITE AGREEMENT. TERM: 07/01/2024 THROUGH
06/30/2027.
Contract Description 2
PROVIDER IS ON THE CONSENT LIST APPROVED BY THE BOCC ON 6/3/2024 KNOWN TO THE BOARD AS TYLER
ID# 2024-1387.
Contract Type *
AGREEMENT
Amount*
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date* 06/15/2024
06/19/2024
Department Email
CM-
HumanServices@weldgov.
com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date * Renewal Date
05/01/2025
Termination Notice Period
Contact Information
Contact Info
Committed Delivery Date
Expiration Date*
06/30/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 06/12/2024
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
06/12/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/24/2024
Finance Approver
CONSENT
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
06/12/2024 06/12/2024
Tyler Ref #
AG 062424
Originator
SADAMS
Hello