The URL can be used to link to this page

Browse Search

Home My WebLink About20231800.tiffConi-va l i btJ i i i( AGREEMENT FOR THERAPUTIC FOSTER CARE RESPITE SERVICES BETWEEN WELD COUNTY AND YVETTE BERRELEZ AND MATTHEW BERRELEZ THIS AGREEMENT is made and entered into this May of .\ UL,YLQ. , 2023 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 Yvette Berrelez and Matthew Berrelez, whose address is 247 63rd Avenue Greeley, Colorado 80634, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, required approval, clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, County has determined that due to the significant challenges often experienced by certified therapeutic foster care providers, it is necessary to offer them therapeutic foster care 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 therapeutic foster care 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 therapeutic foster home. Respite Care is provided in order to support the therapeutic foster parents and allow them to step away from caregiving responsibilities and to take a break. Respite care is also provided to support the youth in the therapeutic foster homes to build relationships with other adults and have a support network they can rely on. These services are described in Exhibit A. These services may also include transporting the child to school and other appointments previously arranged by the foster parent. Transportation services are provided at the sole risk, responsibility and liability of Contractor. 2023-1800 ln/Zto/23 2. Contractor shall provide respite days as approved by the Foster Care Coordinator and Foster Care Supervisor in order to support the therapeutic foster home and ensure stability of placement for youth in those homes. 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 OMB Circular A-133. 4. Contractor agrees to accept payment by either County warrant or ACH direct deposit. 5. 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. 6. 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. 7. Contractor assures and certifies as follows: a. b. c. d. 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 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 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 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. 8. 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 2 Revised 5/2023 include the following: a. Current Colorado 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. 9. Contractor shall have attended twenty-seven (27) hours of the National Training and Development Curriculum ("NTDC") through the Weld County Department of Human Services and the additional twelve (12) hours of training required for Therapeutic Foster Homes 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. 10. 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. 11. Contractor shall be totally responsible to provide whatever personal liability and/or other insurances he/she deems necessary to cover his/her personal liability for any injuries caused by Contractor in the course of providing services under this Agreement. 12. Contractor shall perform his/her duties hereunder as an independent contractor 3 Revised 5/2023 and not as an employee of County. Contractor shall be solely responsible for his/her acts performed pursuant to this Agreement. Under no circumstances shall Contractor be deemed to be an agent or employee of Weld County. Contractor is not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for Contractor. Unemployment insurance benefits will not be available to Contractor for services provided under this Agreement. Contractor shall pay when due any/all applicable employment taxes and income taxes and local head taxes (if applicable) incurred as a result of the services provided under this Agreement. 13. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding. 14. 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. 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. 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 4 Revised 5/2023 Agreement at any time if said source of funding is no longer available to County. 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, 2023, upon proper execution of this Agreement, and shall expire on June 30, 2024 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. 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 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. 4. 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-l0-101 et. seq., as applicable now or hereafter amended. 5. 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. 5 Revised 5/2023 6. 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, amendment, or modification of an Federal contract, loan, grant, or cooperative agreement. 7. 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. 8. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado. 9. 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. 10. In the event of a dispute between County and Contractor, concerning this 6 Revised 5/2023 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. 11. 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. 12. All work and information obtained by Contractor under this Agreement 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. 13. 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 services and/or terms outlined in this Agreement without County's prior written consent, which may be withheld in County's sole discretion. 14. 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. 15. 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. 7 Revised 5/2023 16. This Agreement does not guarantee any work nor does it create an exclusive agreement for services. 17. 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 5/2023 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CQUNTY: ATTEST: ddrifiA) `1-1"';4. rk to the Boa d BY: Deputy Cler BOARD OF COUNTY COMMISSIONERS WE UNTY, COL ii DO , Pro—Tem JUN 2 6 2023 Yvette Berrelez Matthew Berrelez 247 63rd Avenue Greeley, Colorado 80634 By: `Netterrelez O. 16, 202314:46 EDT! Yvette Berrelez Jun 16, 2023 Date: Y: Matthew Berrelez (Jun 16, 2023 14:53 EDT) Matthew Berrelez Jun 16, 2023 Date: 9 02002 _ /10° Revised 5/2023 EXHIBIT A SCOPE OF SERVICES 1. Contractor shall provide respite care as approved by the Foster Care Coordinator and the Foster Care Supervisor for foster children residing in Weld County certified therapeutic 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 NTDC training. b. Successfully completed 27 hours of NTDC training and the additional twelve (12) hours of training required to be a therapeutic foster home through the County prior to the performance of services under this Agreement. c. Provided a copy of their current Colorado 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 5/2023 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 2"d of the month following the month of service. The Respite Care Payment Form will be provided by the Foster Care Coordinator. 11 Revised 5/2023 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. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the County after June 30, 2024. 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. 2. Fees for Services The number of hours of respite care to be provided each month is dependent upon the needs of the therapeutic foster parents and the youth placed in their homes. Ideally one (1) weekend of respite per month is provided, however, there is no guarantee of a set number of respite hours and respite must be approved by the Foster Care Coordinator and Foster Care Supervisor. Payment will be the state daily rate or prorated into an hourly rate if respite is less than a full day. The County will pay this cost in full to the Therapeutic Respite Care provider. 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 Therapeutic Respite Care Payment Form will be provided by the Foster Care Coordinator. 12 Revised 5/2023 Contract Form New Contract Request Entity Information Entity Name" BERRELEZ, MATTHEW Entity ID* O'O0041478 Contract Name" BERRELEZ, MATTHEW & YVETTE 1(.2023-24 THERAPEUTIC RESPITE AGREEMENT) Contract Status CTB REVIEW [I] New Entity? Contract ID 7131 Contract Lead" WLUNA Contract Lead Email wluna nweldgov.com,cobbx xlkTweidgov.com Parent Contract ID Requires Board Approval YES Department Project Contract Description* BERRELEZ, MATTHEW & YVETTE ((2023-24 THERAPEUTIC RESPITE AGREEMENT), TERM 07 01 2023 THROUGH 0613©'2024. Contract Description 2 THERAPEUTIC RESPITE PROVIDER IS ON APPROVED PA LIST SENT TO CTE ON 05'18,23. Contract Type" AGREEMENT Amount * $0.00 Renewable* NO Automatic Renewal Grant 1GA Department HUMAN SERVICES Department Email CM- HumanServicesweldgov.co rr� Department Head Email CM-HurnanSeraices- DeptHead0-weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY: SSEL©G OV,COM Requested BOCC Agenda Date* 06;28,2023 Due Date 06,24 2023 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 RSA enter MSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ontase Contract Dates Effective Date Review Date * 04,30;2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 06:'30,2024 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 06 19;`2023 Approval Process Department Head JAMIE ULRICH DH Approved Date 06119/2023 Final Approval BOCC Approved B0CC Signed Date B0CC Agenda. Date 06'26:'2023 Originator WLUNA Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 06, 19,'2023 06:19:2023 Tyler Ref # AG 062623 Hello