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HomeMy WebLinkAboutC06-124 ('I.'if-/:Y/.:.>{,., , , AGREE!\'IEI'iT BET\VEEN THE COL'NTY Ol! EAGLE AND JEA:" PARADIS This Agreement ("the Agreemenr'), made this 1 7lh day of April. 2006, between Eagle County, Colorado ("County") and Jean Paradis ("Contraclor"), WiTNESSETH: Whereas, Counly, through its DepartmenlofHealth and Auman Services ("AHS"), works to promolethehealth,safelY(lJl(J,,'dfareofCounlyresident~ofallages;and Whereas, among the services County provides in onler to promole such health, safety and wclfare services lhm stabilize family life and promote filmily scJf-sut1ieiency; and Whereas, the ll~e of outside providers of such ~erviee~ enhanee~ the ability oflhe County 10 promolesuchhcalth,safetyand wcJfare: and Whereas, Contractor is a provider ofsu~h services and ,,,,ishes to contract with Counly to provide such services 10 Countyresidcnlsm need thereof '\[ow, therefore, in eon~ideration of the foregoing premises and the following promises, County and Contr<iclor entcrinlo lhis Agreemcnl. Article T: SCOPE Contwclor ~hall provide goal-oriented (lmJ out~ome~ hased professional parl-'Ilting and family communications servi~e~ under the TANF program and inlensive family therapy under lhe CORE service program. Specifically, lhe Contractor will provide one or more of the follo,^,ing services as assigncd to it in wtiting ("the Assigned Services") by rep rescntatives of the COllnly Department of Health and Human Services ("HAS"), County ~halJ be responsible for determination in advanee ofConlmctor's perfi1rmaneeofAssigned Services and determination of client family eligibility to receive such seniees under this Agreement. > TANF ~ervice group: Parenting and family communication skill building. > CORE Servi~e group l-J\lH: mdividual or group mental health services; nlmily eounsc!ing:aflereare: eOUTt testimony; crisis inlervention service s: therapemic staffing. > CORE Service group 1- lntensive family Therapy: Individual, family or group therapy, aftercare sen'lCes; assessment ~en'ices: mediation; therapeutic stafling, >COREServiceg.roup 1 Home Bascd: Individwl,fanlilyeounseling,afterC<ire, thcrapcuticvisilations, > CORE Service group I Sexual Abusc Treatment: Sex OtTender Specific Treatment: Group Therapy > Mental health ~onsultation iilr County HHS programs, Article II: TERM fhis Agreement shall commence on Mlli'Ch ],2006 and shall terminate on December 31, 2006, Article IU: CQMP:tNSATION A. Subject to subsection D and E of this Artide HI, County will compensate Contractor fur performance of Assigned Services as follows: (I) for face 10 face contact with the clienl lilmiiy or authorized consuUalion with HHS representatives ITom March I, 2006 through Jone 30, 2006- $70 per hour; (2) for face to face contact with lheclient fami]y or authorized co nsulrntionwith HHSrepresenrnlives from July I, 2006tnrough December 31. 2006- $75 per hour, (3) formcc- to-face g.rouptherapy-$35lhour; (4) for travel to and from a client f"",ilyhom etoper/oon Assigned Services - $20 per hoor. In addilion, Counly will reimburse Contracl.()f for travel from Provider's of'fice to a client family home in order to perform Assigned Servi ces at the rate of 34.5 ccnts per mlle. n. County wlll not compensate or reimburse Contractor for activities such as: (I) participation in child protection, community treatmenl teams; (2) travel other than thai des"Tibed in subsection A(2) of this ArlicJe lll; (3) paperwork and othcr indirect administrativc costs. C. Clients who do not appear forschedulcd appointments sha1] be responsible to pay Contra~10r's full cost of that appointment. Contractor agrees not l.(1 bill County for time ()f mileageforclicntfailurcloappearforthescheduledappointmcnt. D. C:ountyisresponsib]efordetconiningthccligibilityofeachindividualfamily for services under this ab'feement. County shall advise Contractor in writing of the authori~ed service plan within three (3) working days ofreceipl ufthe certification and s:ervice plan. There.hallbeno pllYlDenl for services provided without priorauthorlzatioll for such services by the 0) unty. Such anthorlzation Shllll include the leve] of services to be provided,the nature and typeof services provided and the time frames in whicb these services lire to be provided. E_ If; prior to payrnentofcumpensation orrcimbursement for services bul after submission lu County ofa rcquest therefor by Contractor. County reasunab]y determines thatpayrnent as requestcd would be improper because the services were 001 performed as proscribed by the provisions ofthis Agreement, the County shall have no obligation to make such payment. ]1', at any lime aftcr or during lhe Tenn or after tcnnination of this Agreemenl as hereinafter provided or expiration of this Ag.reement, Counly reasonably determines that anypayrnent thcretotorc paid by County to Contractor was improper because the services for which payment was made were not perfonned as prescribed by the provisions ufthis Agreement, then upon writtcn not ice of such deteonillation and request for reimbursement from County, Contrador shall forthwith return such payment to County_ Upon tennination of this Agreement as hereinafter provided or expiration of the Term. any Ilnexpended funds advanced by County to Contrador shall forthwith be retumedto County_ , IV. TERMINATION County may terminate this Agreement at any time and for any reason or no reason upon written nOlieetoContractorspecii)'ingthedateoftermination,whiehdateshallbenotlessthanten(JO) days from the date oflh<1notice. TntheeventContractorliicsforbankmptcyorisdeclared bankrupt or dissolves, County may deciare in writing that this Agreement is terminated, and all rights of Contractor and obJigationsofCounty, except fotpaymentofaccrued b utunpaidfccs and expenses, shaU tenninate immediateiy. V. CONTRACTOR'S DUTIES A. AU lunds received by Contractor under this Agrc~'1T1ent shall be or have been expended solelytorthepurposeforwhichgranted,andanyfundsnotsoexpended,includingful!dsloslor divcrted fur othcr purposes, shall be returncd to County. B. Contractor shall maintain, lor a minimum of3 years, ad~'"quate tinanciai and programmatic rccords for reporLing to County on perfonnance ifits responsibilities hereundcr . Contractorshali be subjcctto financial audit by fcdeml, slate or counly auditors or their designees . Contractor authorizes County to perfurm audits orto make inspections during normai business hours, upon 48 lJ.oursnoticetoConlractor,furthepurposcofevaluatingperfurmaneeunderthisAgreement. ContractorshaUcooperatctuHywithauthor;zcdHHSK'Presentativcsintheobscrvationand evaluationoftheprogramandrecords.Contr<l~"torshaHhavetherighltodisputcany claims of misuse of funds and seck an amicabie resolution with County. C. lnrenderingitsscrviceshereunder,Conrractorshailcomplywiththchigheststandardsof customer service to lh<1public. Contractorshall provide appropriate supervision of its employees to ensure the maintenance ofthc"" high standarcls of customer service and profession aiism,the performance ofsuchobligationtobcdeterminedal the soie discretion of County. Inthecvcnt that County finds these standarclsof customer service are not being met by Contractor, County may terminate this Agreement, in whole or in p"rt. upon ten (111) days notice to the Contractor. D. ContraL1:orshalicomplywithallapplicablefederal,stateandiocairules,reguJalions and Jaws govcming serviccsofthe kind provided by Contractor under lhis Agreem ent. lnparticular, Contra<-1:orshallcompiywithaHappiicabierulesandJawsgoverningeligibiJilyfor services and allowable costs under the Colorado WORKSffANF program jOr those families authorired for services to stabilize funily life and promote fumiiy sell~sumciency. Contractor shali be solely responsiblelorensurlngproperlieensingandcredentialingofthoseproviding serviccs under this Agreement. E. The Counly requests pt:riOOic written reports concerning services under this Agreement. Contractor shall provide the County with an assessment and pian within thirty (30) days of enrollment or participation in scrvices bya famUy or child. This pian shall inclu dethelreatment plan fur the chiJd's family, incJuding specine objectives and target dates for ace omplishmcnt. ; Such plan shall be subject to revicw llJ1d approval and monitoring by thc County. Thcreafter, at monthly intervals, Contractor shall submit reports that include progress and barriers in achieving thc goals and provisions ofthc treahnent plan. Reimburscment for scrvices relating to the plan is subjecttothc limely reccipt of written assessment, plan, and repons. I'. Contractor shall comply with the requirements of the Civil Rights Act of I 964 and Section 504,RehahilitationAct of 1973,concerning discrimination on the basisofr ace, color, sex, age, rcligion,politiealbelie!i;,narional origill, or handicap. G.ContractorshallassurethatthcscrvicedescribedhereinisprovidedtotheCounty at a cost not greater than that eharged to other persons in the same community, H. Contractor shall safeguard infOrmation and confidentiality ofthe child and the child's family in accordance with rules ofthe Colorado Department ofltwnan Services and Hagle County Health and Human Services, and thc Health InIOrmation Privacy and Accountability Act. L ConlractorshallnolifyTIHSimrnediatelyofallreportsofsuspectcdchildabuseorncglcct involvingContraetor, including, but not limited to, employees, volunteers and clients. HHS contractors arc considered to be mandatory reportcrs for suspectcd child abuse and ncglectand arc to make those reports dircctly to HHS Adult and Family Services Division_ (970) 328-8&40. J. Contractor must comply with the following requircmeIM regarding aU TANF-cligible participants: Food Stumps. Contraetormust inform all participants that they are categorically eligible to receive at least somc services and rererred to IIHS for more inforrnation on applicalion Ibrbenefits, Medicaid _ Contractor must inform all participants that thcy may be cligible for Medicaid and referred to HHS for information On application for benefits. Disahilities and other Barriers - All participants must be informed by Contractor that they can visit HHS offices to receive an assessment llJ1d appropriate services that may bettcrwork with their disabilities or other barricrs. AppelllRights -Contractor must provide all partkipants with noticeoftheirrightto appeal to HlIS. Contractor shall keep a record of all participants served for documentation in caseofan appe aI. , K. Contractor shall submit monthly billings to County. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day of the subscquent month in orderto be eligible for reimbursement, except that billings fotservices provided through June 30, 2006 must be submitted by July 1,2006; and billing sforservices provided through December 31, 2006 must be submitted by JanuaJ)' 6, 2007 in order to be eligibJeforreimbursement. L. Contractor shall participate in an annual training provided by County regarding program requirementslllldeligibility;childabuseandneglectrep<>rting;and,financialandprogram reporting to County. VI. NOTICE Any notice requiz'ed under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall beaddrossedas follows: COUNfY: CONTRAcrOR: Eagle County Health & Human Services JeanParndis P. O. Box 660 (mailing addressj 604 Rico Way (551 Broadway-physical location) Grand Junctioll, CO 81506 Eagle, CO 81631 NoticeshaJlbedeemedgiventhree{3jdaysafterthedateofdepositinarogulardepositoryof the United States Postal Service. YD. ASSIGNMENT Contractor shall not assign any of its rights or duties ulIder this Agreernent to a third party without the priorwrilten consent ofCoulIty. County shall terminate this Agreement in the event of any assignment without its prior written consent of County. VIII. MODIFICATION Any revision, amendment or modification of this Agreement shall be valid only ifin writing and signed by all parties. IX. INSURANCE At all times during the term oflhis Agreement, Contractor shall maintain in full force and effect the folJowing insurance: Tvoooflnsurance COVCTal!cLimits Professional Liability Insurance $ 500,000 per occurrence 0:mlrnctorshalJ purchase and maintain such insurance as required abovc and shall provide certificates ofinsurance in a form acceptable to County upon execution of this Agreement. , X. MISCELLANEOUS A. The relationship of Contractor to County is that of independent contractor. No agent, employee or volunteer of ContrnctOT shalllx: deemed to be an agent, employee or volunteer of County. B. In the event of litigation in conncction with this Ag.recment, the prevailing party s hall be entitledtorewverallreasonablecostsincurred,includingattomeyfees,coSls,statftimeand other claim related expense. C. lnvalidity Or unenforceabilityofany provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall bc construeclas if such invalid orunenforcea ble provision was omitted. D. Contractor shall indemnify and hold harmless County, its Board of Commissioners, and tho individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims orjudgrnents, to gcther with all costs and expenses, including but not limitcdtoattomey fees, incident thereto whi chmayaccruo against,bechargedtoorberecovorablefromCounty,il~BOardofCornmissioners,andthe individual members thCTCQf, its agencies, departmcnl~, officers, agents, employees, servant~ and its successors, a~ a result of the acts or omissions of Contractor, its employees or agents, in or in part pursuant to this Agreement Or arising dircctly or indirectly out of Contractor' sexereiseofil~ privilegos or performance ofil~ obligations undor this Agreement. E. Contractor shall comply at all times and in all respects with all applicable foderal, state and local laws, resolutions, and codos. F. Notwitbstanding anything to the contrary containod in this Agreemont, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after, December 31st of the calendar yearofthe Tcrrn of this Agreement, without an appropriation therefore by County in accordance with a budget adoptcd by the Board 0 f County Commissioners in compliance with tho provisions of Article 25, Title 30 oftbe 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). G. This Agreement shall be governed by tho laws of the Stato of Colorado. Jurisdiction and vonueforanysuit,rightorcauseofaclionarisingundor,orinconnectionwiththisAgreement shall be exclusive in EagJe County,Colorado. H. This Agreement supersedes all previous communications, negotiations and/or agreements between the respective parties hereto, either verbal Or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and thcre are no representations about any of the subjcct matter hcreof=pt as expressly seI forth i nthis Agreement. , 1. This Agreement does not, and shal! not he deemed orconstrucd to, confer upon or grant 10 any third party or parlies any right to claim damagcs or to bring llIIY suit, aclion or other proceeding against either Contractor or County bccaus.. of any breach hcrcofor becau seofan)" of the terms, covenants, agrccmcnts and conditions nerein. J_ContractorccrtifiesthalitlllwreadtheAgrccmcnt,understnndseachandcverytemlandthe requircmcnts sct forth berein, and agrees 10 comply with the same. In Wilness Whereof, County and ConlroiClor have executed this Agreement in triplicate on Ihe date set forth abovc.TwD counterparts have been dclivered to County and one 10 Contract or. COUNTY at' EAGLE, STATE OF COLORADO By and through its Board <;fC.ounty Commissioners dN ~. / ';/ ;-- ,/._" 4~- By~ ;/;: ~#7 Pctcrt'.'u';yon,Chairn)ati' -- ATIFST: ~S2~ . ." ."" . . , , . m . ._.._...___----,--..~..' ._,"/ Clerk to !he Brnlrd OrenU"ly Cornrnissl6)jet:s_",>~ "0-"......," CONTRACTOR: Jean Paradis By:.Ch ~. ltJ'1.-4-d'".."..-/ f ;