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HomeMy WebLinkAboutC06-077 tUI")/";;'(( AGREEMENT BETWEEN THE COUNTY OI<' EAGLE, STATE OF COLORADO AND MICHAEL CLAUSSNER THIS AGREEMENT made this 28th day of February, 2006, by and between the County of Eagle,StateofColorado,abodycorporateandpolitic,byandthroughitsBoardofCounty Commissioners, "County" and, Michael Claussner, hereinafter "Contractor." t. AGREEMENT: This Agreement shall commence on Janumy I, 2006 and shall end on December 31, 2006. 2. SCOPE: Eagle County hereby contracts with the Contractor for services that stabilize family life and promote family self-sufficiency. Specifically, the agreemenl is for professional services directed toward family and interpersonal conununieation skill building; or, intensive family centered services that prevent out of home placement of the children. These services arc 10 be goal- oriented and outcome based. Progress will be monitored by Eagle County. The Contractor will provide one or more of the tOllowing services based on the written auth orizationand request for ~l.-TVieesbytheCounty: > TANF service group: Parenting and family communication skill building. > CORE Service group I-MB; individual or group menIal heallh services; family counseling; psychological and mental health assessments; aftercare; court testimony; cri~is intervention service~; therapeutic staffing. > CORE Service group 1- Intensive Family Therapy; Individual, family or group therapy, aftercareservices;a~sessmentserviees;therapeuticstaffing. > CORE Sonice group 1 - Sexual Abuse; Individual, family or group counseling. > CORE Service group I - Home Based: Individual, family counseling, aftercare, therapeutic visitations > CORE Service group 4 - Mental Health: Relinquishment Counseling > MenIal health consultation for County HHS programs. 'l1lCservices will be reimbursed at the rate of$ 70 per hour for taee to face client family or staff consultation contact from Januaty I, 2006 through June 30, 2006. FromJulyl,2006through December 31, 2006 the aforementioned services will be reimbursed at the rale of$75 per hour. Psychological assessments will be rcimbursed at the rate of$95 per hour. Time spent in travel to and from a client fiunilyhome forprotessional service will be reimbursed at therateofS20/hour. Mileage in travel from the office to a client family home tor professional services will be reimbursed at the rdte of.345 cents per mile. Non-reimbursable activities include: > Participation in child protection, communitytrcatmentteam forsta ffings. > Travel, except to provide authorized in.home son'iees. > Paperwork and other in-direct administrative time. Clients who do not appear for their scheduled appointment shall be res ponsibleto pay the ContractorfuJJcostofthatappointm~'llt. The County is responsible lor the determination offamily eligibility lor services. The County will advise the Contractor in writing of the authorized service plan within ten (10) working days of receipt of the certification and service plan. There shall be no payment for services provided without prIor authorization for such services by the County. Such authorization shall include the amount of services to be provided, the scope of services provided and time frames in which these services are to be provided. 3. TER..I\'IINATION: The County may terminate this Agreement upon ten (10) days written notiee to Contractorifit is deemed by the County in its sole discretio n,thattheContractorisnot fulfilling the program as specified in this Agreement, or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any funds not properly expended according to project objectives shall be retumed by Co ntractortoCounty. In the event the Contractor becomes insolvent, is declared bankrupt ordi ssolves,tbeCountymay declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall terminate and cease immediately. 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All funds received by Contractor under this Agreement shall be expended solely for the purpose for which granted,and any funds not so expended, including fWlds I ostordivertedfor other purposes, shall be returned to County. E. Contractor shall maintain adequate linancial and programmatic record s for reporting to the County. The Contractor sha1l maintain all records pertaining to this Agreement for a minimum ofthree(3)yearsandmaybosubjectedtoanauditbyfederal,stateorcounty auditors or their designees, as requested. Ifanauditordiscoversmisuseoffunds,theContractorshaIlrcturnsaid misused funds to tbe County. The Contra<.-inr hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. The Contractor wil! allow access to and cooperate with authOllzed Health & Human Services representstives in the observation and evaluation of the program and records. The Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with the County. e. Customer Service/Termination: In rendering its services, Contractor shall comply with the higheststandardsofcustomerservicetothepublie. Contractor shall provide appropriate supcrvisionofitsempJoyeestoensurethemaintenanceofthesehighstandardsofeustomer service and profeSSionalism, the performance of such obligation to be determined at the sole discretion of the County. In the event that the County finds thesostandards of customer service arc not being met by the Contractor, the County may terminate this Contract, in whole or in part, upon providing ten (lO) days notice to the Contractor. D. The Contractor shall comply with all applicable mles and laws govcrning counseling and Pllrenting support services in Colorado. TheContractorshallbesolelyrespollsibleforcllsur1llg properlicensingalld credelltialing of those providing services ulldert his Agrcemellt. The Contractor shall comply with all applicable rulcs and laws governing eligibility for services and allowable costs ullder the Colorado WORKS;T ANF program for those families authorized for services to stabi1ize family life and promote familyself-sufficienc y. E. The County requests periodic written reports concerning services under this Agrcement. Contractor shall provide the County with an assessmentllnd plan within thirty (30) days of cllroilment or participatioll in services by a family or child. This plan shall include the treatment plan for the child's family, inc1Udingspecific objectives and target date sforaccomplishment. The treatment plan shall be subject to review and approval by County. Thereafter, at monthly illtervals, the Contractor shall submit reports that include progress an d bamers in achieving the goals and provisions of the treatment plan. Reimbursement for services is subject to the timely receipt of written assessment, plan, and reports. F. Contractor shall comply with the requiremellts of the Civil Rights A<.-'t of 1964 and Section 504,RehabilitationActof1973 concerning discriminatioll Oll the bas is of race, color, sex, age, religioll,politicalbeliefs, national origin, or handicap. G. Contractor shall assure that the service described hereill is provided to the County at cost llOt greater than that charged to otherper:sons in the same community. H. Contractor shall safeguard illfoilllation alld eonfidentiality of the child and the child's family in accordance with mles of the Colorado Department of Human Services and Eagle County Health and Human Services, and the Health Informatioll Privacy and Accountability Act. I. The Contractor will notifY Eagle County Health & Human Services immediately of all reports of suspected child ablJSe or neglect involving the Contractor,includi ng,butnotlimitedto, employees,volunteersandcliellts. Health & Human Services contrU<.wrs are considered to be mandatory reporters forsllspected child abuse and neglect and are to maket hose reports directly to Eagle County Health & Human Services - Adult and Family Services Division. (970)328.8840. J. The Contractor will provide information to all T ANF eligible participants Oll the fo1Jowing: Food Stamps - Every participant must be informed that they are categorically eligible to r<.-,<,eive at least some services and should bc referred to Eagle County Health & Human Services for morc informationoll applicatioll for benefits. ,l/edicaid - Every participant must be informed they may be eligible and should be referrcd to Eagle County Health & Human Services for information on application for benellts. Di,j'abi/ities and "'her Barriers" The Contractor must inform participants that they can visit the Eagle County Health & Human Services offices to receive an assessment aud appropriatc services that maybettcr work with their disabilities or other barriers. Appeal Rights - The Contractor must provide participants with notice of their right to appeal to the Eagle County Department of Human Services. The Contractor will keep a record of all participants served for documentation in case ofan appeal. K. The Contractor shall submit monthly billings to the County. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day oflhe subsequent month in order to be eligible for reimbursement, except tha tbillingsforservices provided through J\llle 30, 2006 rnust be submitted by July I, 2006; and billings for services providedthroughDecembcr31,2006mustbesubmittedbyJanuary6,2006inordertobe eligible for reimbursement. L. Contractors shall participate in an annual training provided by the County regarding program requirements and eligibility; child abuse and neglect reporting; and, financial and program reporting to the County. 5. NOTICE: Any notice required under this Agreement shall be given in writing by registered or certified mail; retum rcccipt requested which shall beaddrcsscd as follows: THE COUN.IY: THE CONTRACTOR: Eagle County Health & Human Services MichaelClaussner Post Office Box 660 P.O. Box 1745 Eagle, CO 81631 Eagle, CO 81631 Notice3.hatl be deemed giVCIl lhree (3) days aflcr the dale ofdeposi! in a regu lardepo.itoryof!heUnitedS!alCS POSlalScrvico_ 6. ASSIGNMENT: The Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. Any assignment without the prior written consent of County shall cause this Agreement to terminate. J. MODIFICATION: Any revision, amClldment or modification to this Agreement, shan only be valid ifin writing and signed by all parties. 8. INSURANCE: At aU times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Tvw(tflnsurancc !2ovorageLimits Pmfo~"ion"l Liability Insurance $ 500,000 perOCCUl,encc Contractor shall purchase and maintain such insurance as required ab oveandshallprovide certificates of insurance in a form acceptable to Eagle County upon execution of the Agret-menl. 9. MISCELLANEOUS; A. The parties to this Agreement intend that the relationship oflhe Contractor to the County is that of independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer oflhe County. B. This Agreement shall be binding upon and inure to the benefit of the Con tractor and the Count yand their respective heirs, legal representatives,executo rs, administrators, successors and assigns. Neither party may assign or delegate any of its rights or obligations her eunderwithout first obtaining the written consent oflhe other party. C. In the event oflitigation in oollllection with this Agreement, it is agreed that the prevailing partyshallbeentitledtoreooverallreasonablecostsincurrcd,including attomey fees, costs, staff time and other claim related expense. D. The invalidity or unenforceabiIity of any provision of this Agreement shall not affect the otherprovisionshereof,andthisAgreementshallbeconstrUedllSifsuchinvalidor unenforceable provision was omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thercof,its agtmcies,departments,otlicers, agen ts,CIllployees, servants and its successors from any and all dClllands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney tees, incident thereto which may accrue against, be charged to or be recoverable from the County, its Board ofConunissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors, as a result of the acts or omissions of Con tractor, its employees or agents, in or in part pursuant to this AgreClllentor arising directly or indirectly out of Contractor's ex.ercise of its privileges or performance of its obligations under this Agreement. F. The Contractor shall comply with all applicable laws, resolutions, and codes. G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period atter December 31 sl of each calendar year during the term of this Agreemt-'Ilt, without the appropriation therefore by the County in accordance with a bud get adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). H. This AgreClllent shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause ofaclion arising under, or in connect ion with this Agreement shall be exdusive in Eagle County, Colorado. L This Agreement supersedes all previous communications, negotiations and/or agreements between the respective parties hereto, either verbal or written, and the sam e not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereofexcep tasexpresslyset forth in this Agreement. No alterations, amendments, changes or modifications to this Agreement shall be valid unless executed byan instrument in writing signed by both parties. J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, actio norotherproceeding againsteitherContractorortheCountybecauseofanybreachhereofor because of any oft he tenns, covenants, agreements and conditions hcrein. K. Contractor hereby certifies that it has read the Agreement, understands each and every tenn and the requirements set forth herein, and agrees to comply with the Same. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. The parties hereto havc signed this Agreement in triplicate. Two counterparts have been delivered to County and one to the Contractor. COUNTY OF EAGLE, STATE OF COLORADO By and through its . ~~commissioners <? ;d. .. ~ r~ ...;?e ~#;? By ____ /(""7// _ /. ''peter Runyon, Chairman p/'" ATTEST: ~"1 Clerk to the Boa d of County CommissioriHs' ' CONTRACTOR: Michael Claussller By: "!#A>VA!' ( jA;""Ye----" '-'~~-----'-'~