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HomeMy WebLinkAboutC06-125 " " , ,<' .'~' AGREK\IE,"'-T BETWE.L...- THE COFNTY OF EAGLE AND DARLENE HOFF:vJA"f Thi~ Agreement ("the Agreement"), made (hi~ 17th day of April, 2006, bet\vcen Ellgle County, Colorado ("Coun!y") and Darlene Hoffman ("Contrador"), WITNESSETH: Whereas, County. !Jlfough ih Departrncnl of Health and Human Services ("HHS"), works to pn>nlOterhchealth,safctyanuwelfarcofCownyrcsidentsofal1ages;and Whcrca,;, ll1TIong the ,ervices County provides in order tn promote such health, sa/e.y und welfare ';efVlces that ';labilize family life and promote tami]y self-suftlciency; and Whereas, the u~" of outside providers of ,;uch scrvice~ enhatlCe,; the ability of the Cnunly to promok suchhcallh,safetyandwdfarc; and \Vhcrea~, Contractor i~ II pro\id",- of sLlch services and wi~hes to cnnlrllct with County to provide ~llch senic,,~ to County r,,~idents in n"ed thercof ~ow, therefore, in consideration of the foregoing premises and the folJowingpromise" County and Contractor enlerinto this AgreemenL Article I: SCOPE Contraclorshllllpro\idegoal-oricme<landoUloomesbascdprotessionalpllrentingandfamily communications services under the TA1\F pmgram and inlen,ive tilini1y therapy under the CORE sen'ice program. Spedtically, Ihe Contractor will provide one or more of the following services as assigned to it in writing ("lhe Assigncd Services")hyr epresClllalives oflh" County Department ofHcallh and Human Services ("HIlS') County shall be responsible for delermination in advance ofContnKl:or'S pertlllTIlanCC of Assigned Services and detennmation of clicnt family eligihility to receive ~uch services undcr Ihi, Agreement. > TAN!' service group: Parenting and family communication ,kill buildmg. > CORE Service group 1-:vIH: individUllI or group mental health senice~: family counseling;atlercare;oourtle~timony;cnsisinterventionservices;thcrapeutieslaffing, > CORE Service group 1- Inlensive Family Therapy: 111di\idual, fAmily Or group lherllpy, aflercareservice,;asscssmentservice,;therapeUlic,taffing. >CORl:iSenicegroup] Home Based: Indhidual. fiunily counseling. alkr~are, Iherupeutievi,itations ;> Mental heallh consultation tor County IIHS progrllms. , ( ( AI"tiele II; TERM Thi~ Agreement shall commence on March 1.2006 and shall lCrminate on December 31, 2006. Article III: CO:\-IPENSATlOl.... A. Subject to suhsection D and E llfthi~ Article 111, County wil] compensate Contra\:tor for performance of Assigned Services as tollows: (1) for face to face contact with the dient ramilyor authorized consultation \vith H HS representatives from March 1. 2()()6 through June ]0, 2006- :h70 per hour: (1) Illr face to face ~ontact with the client family Of authoriwd consultation with I-HIS represcnla!1Vcs from July 1, 2006 through December 31, 2()()6- $75 per hOUT; (3) Illr travel to alld from a client family home to perfonn A<;~igncd 8m-ices" $20 per hour. In addition, County will reimhurse Contractor for travel from Provider's otticc to a client family home in order to pcrform A.ssigncd Services at thera!e of34.5 eents permilc. B County w1l1 not compensate Or reimburse Contractor ror activities such as: (1) participation 10 childproteetlOn, comlllunity treatment teams; (2) trave] other than t hatdescrihedin sllbsection A(2) of this Article !IT; (3) papenl-'ork and other indirect administrative costs, C. CIientswhodonotappeartorschoollledappointmentsshallberesponsihletopay Contraetor'sfullcostoftnatappointmenL Contractor agrees not to hill County filr time or mileage for client fail lire to appear for the schedule-d appomtmcnt D. County is responsihle for determimng the eligibility of each individual family for services under this agreement. COllntyshalladviseContractorinwritingoftheauthorizedservicepIan within three (J) working days ofreccipt ofthecertifiea!ion and serv i~eplan. Thereshallbeno payment for services provided without prior authorization for such scn-ices by the Counl)-'. Such authorization shall include the leHI of services to be provided, the nature and type of services provided and the time frames in which these seniees are to be provided. E. It: prior to paYlllent of compensation or reimbur~emellt ['or services bllt after submission to County ofa request thcrdor by Contractor, County reasonahly detennines that payment as requested would he improper because the servi~es were not performed as prescrihed by the provisions of this Agreement. the County shall have no obligation to make sllchpayment. If; at any time after or dunng the Term Or after termination of!his Agreemcnt as hereinalter provided or expiration of this Agreement County reasonahly determines that any payment theretofore paid by COl.lllty to Contractor was improper because the s<.:n;ces for which payment was made were not performed as prescribcd hythe provisions of this Agreement, then II ponwrittennoticeof such determination and request tor reimbursement from County, Contractor shall forthwith return sllch payment to County, UponterminationofthisAgreemcTI!ashcreinafterprovidcdor expiration of the Term, any unexpended tunds advaneed by County to Contractor shall rorthwith heremmcd!o Connty, , ( ( IV. TER:\H.'fATlON Countymayt"rT11inate lhis Agreement al any 11l11e and f(lr any reason Of no Tt'uson upon written noti~" to Contractor specif)lng the dale oftcrT11ination, which datc ,hall be not le,;s than len (10) days I'wm tht' date of the notict'. In th~cventCon!ractor flies !ilrnankmptcyoris dcdared hankrupt or dissolves, County may dedarc in writing that this Agreement is terminated, and all nghts of Contractor and ohl;gations ofCounly, cxceptforpaYlllcn I of accrued hlltunpaid fee,; and expenses, shall telminate immcdialely. V. C01\TR4CTOR'S DUTIES A. AJI funds received by Contractor undcrthis AgreemeTlt shall be or have been t'xpcndedsolely forthepurposeforwhichgranted,andallyfimd5nOtS0c~pendcd, indudmg funds lost or divcrt"d for other purposes, shall be rdurned to County. R Contractor ,hall maintain, for a minimum of3 ycars, adc,-!uate linancial and programmatic record, 1()rrcportingtoCountyonpcrfomlanccifitsrcsponsihilitiesho;:reund~r. Contractorshall be subj~ct to linancial alldit by f~deral, state or wunty awJitors or their design~es. Contractor authorizes County w perforrn audits or to make inSptx:tions during nomla I business hours, upon 4R hours notice to Contractor, for the purpose of evaluating perfilmlanec undcr this Agrecm~nt. Contractor shall eooperatc flll1y with authorized HHS repre,entativ~s in th~ observation and evaluation ofth~ program and r~wrds. Contractor shall have th~ right to di~pute any claims of misus~ offunds and scek an amlcable r~solUlion with County. C. Tn rend~ring its s~rviccs h~reunder, Contractor shall comply with thc highest standards of' customer service to the public. Contractor shall prov](leappropriat~supcrvisionofits employees to enSUre the maintenan<:~ ofthes~ high st,mdards of cu,tomcr s~rviec and professionalism, the performance ofsu<:h obligation to be dct~rmincd at the sole discr~tion of County. In thc event that County finds th~se standards of <:ustom~r service are not being IllCt by Contractor, COWlty may telminate this Agrecment, in whole or in part. upon ten (10) days notl<;e to the Contractor. D. Contractor shall comply with all applicable fedcral, ,tatc and local mlc~, regulations and laws governing services of the kind provided by Contractor undcr this Agr~emcnt. in particular. Contractor shall <:omply with all applicable rul~s and laws governing eligibility for services and allowahl~ <:osts under th~ Colorado WORKS,.TANF program for those lumibes authorized for s~rvicc, to stabilize flli11lly lifc and promote family sclf~sufficiency. Contractor shall bc solely responsihl~forcnsuringproper1icensing(mdcnxkntia1ingoftho,eproviding,crvicesundcrthis Agrecm~nt. E. The Countyr"'luests periodic writtcn reports concerning scrvices unuer thl, Agr~em"'nt. Contractor shall provid~ thc County with an assessment and plan within thirty (30) days of ~mollm~nt or partICipation in scrvicc, by a family or child. This plan shall include thc treatment plan for the child's falllily. including specific objcctives and targ ct dates filraccomplishmcnt. ; Su~h plan shall b~ subjed to r",vie\v and approvul and monitoring by the County. Th",ccafier, at monthly intervuls. Contr:lCtor shull ~ubmitr"'ports that includ~ progr"'ss and ban'icrs in a~hieving th", goals und provisions of the treutmcnt plan, Reimbursem~nt for servi~es rdatingto the plan is subject to thc hmdy re~",ipt ofwritt",n a~~~ssmcnt, plan, and r"'ports. F. COnlT<lctor ~hall comply with th", requin:ments ofth", Civil Rights Aet of 1964 and .'kction 504, R",hubilitation Act of 1973, concerning disnimination On thc busis of race, color, s"'x, ag~, rdigion, political bcliefs, national origin, or handicap. G. Contr<lctor sh<lll a~~ure that the s",rviee d",seriboo her",in is providoo to the County at a cost not grcuterthanthatchargcdtootht:rrersonsinthesarn~eomml1nity. II. ContraclOrshallsafcguardinfol1l1<ltionandeonfidentiulityor'thc~hildandtheehild's rumily in a~cordanc", with rules orthe Colorado Department of Human Servk",s and Eagle County Health and Human S",rvices, and the Hculth lnfonnation Privacy and Accountability Act. I, Contr<lctor shall notlf).' llHS immooiatcly of all reports of suspected child abnsc or negleet involving Contractor, induding, but not limitoo tn, employees, volunteers and clients. HHS contractorsar"'con~ideredtobemundatOlYCCPOltcrsforsuspeett'dchild abuse and neglect and are to makc those reports directly to llHS Adult and Family Services Division_ (970)328-8840, 1. Contraetormust comply with the following requirements regarding all TANF-eJigible partieip<lnts: Food Stump.~ " Contractor must inform all participants that they ar~ categoriC<lllyc1igibleto receive at least some servi~es and refcrroo to HllS lor more infomlation on uppli~ution forbenctits. Medicaid - Contrac10r mU8t infimn all pankipants that they may be eligible for I\.ledj~<lid and referred to llHS lorinl<'l[JnationonappJi~ution rorbendits. Disabilities ulld other Barriers - All partidpants must be informed byContruL1or that they can \isit HIIS oftices to receive an <lssessm~nt and appropriate services that may better work with their disabiliti~s or other barriers, Appeul RiJ?htl, "Contractormustpro...idc ull participants withnoticeoftheir right to appeal to IlHS, Contrador shall keep u record of all parti~ipants served for documentation in case of Hn appeal, , ( K_ Contractor shall ~ubmit monthly billings to County_ Billings will be paid through the County'susllal bilJ paying process. 13i1lingslllustbesubmittoodbyth",fifthworkingdayoflhe ouh~equCn!mollthillordcrtobceIigihleft)rrcimburscment,exceptthathillings ftl[SCrviccs provided through June 30, 2006 must be,ubmitted hyJl.lly 1,1006;alldbilIing~tors"rviccs provided through December 31, 2006mu,tbcol.lbllliUed byJanuary6,20 07 in order tobc eligibkfor reimnurscmcnL L Contra~tor shall particIpate in an annual training provided by County regarding program requircments and eligihility: child ahu,;e and neglcrtreporting: and ,financialandprograrn repor/ingto COUIlly_ VI. NOTICE Any notice required under this Agreemcnl shall be given in writing byregio lercdorccrtitied mail;retumreceiplreque~tedwhichshalIbeaddres,cd<lSfol1ows: COUNTY: CONTRACTOR: Eagle County UeaUh & Human Services DarIcneHoffman P. 0. Box 660 (mailing addre~~) P.0.Box 147 (551 Rroad"ay-phy,ical location) V'ail,CO 81658 Eaglc,C081tiJI Noticeshallbedeemcdgi\icnthrcc(-,)day~afterthedateofdcpositinarcgulardeposiloryofthe United Stales Postal Scrvice. VII. ASSICN:\lENT Contrador shall not a~~ign any of ils rights or dUlie~ under tills Agreement to a third parly without the prior written consent of County- Counly ,ball terminate th,,; Agreemenl in the evcnt ofanya~,ignmentwithoutitspriorwrillenconsentofCounly. VnI. -'IODIFICATION AllY revision, amendment or modilication ofthi~ Agreemenl ,;haIl be valid only lfin writing and signedbyaJlpartics. IX. NSt:RANCE At all times duringthc term ofthi<; Agreement, Contractor shall maintain in fill1 torce alld cffect lhefollowinginsurance; l\lJeof!nsurance Covera~e Limit~ ProfesslonalLlabiJitylnsurance $ SOO,OO()per oecurrellce Contraclor shall purchasc and mailltain such insurance as requircd abov eand~haIJprovide certilicaresoflnsuranceinaformacccptablctoCounlyuponexcmtionOftJlisAgrcement, , ( X. i\HSCELLA..'iEOt:S A. The rdationship of Contractor to County is that o[indep<;:ndcnt contrador. :-"-0 agent, cmploy~e or volunteer of Contractor shall b~ deemed to be un agent, employee or volunteer of County. H. In the cventofhtigation In connt'ction with this Agreement, the prcvailingparty ~halJ be cntirkd to recover all reasonable costs incurr~d, including uttom~y fees, co~t~, staff time and other claim re1ated expensc_ C. Invalidityoruncnforceabilityoranyprovisiono['thisAgreernt:nt<;hall not aiTcct the other provi~ions bcreot:and thisAgreem~nt shall be construed as if such invalid or Cloenforceab1e provisioll was omitted. D. Contractor ~hall indemnify and hold harmless County, it~ Board of Comlllj~~ioncr~, and the individual memb",rs thl'ITof, its ag~ncics, departments, officers, Hgents, employees, servants and its sueee%ors from any and all Jemands, losses, Iiabiliti"s, claims or joogm"nts, together with all costs and expense~, mcluJing but not limited to attorney fees, inddent thereto whi~h may accrue against, be charged to or be re~overable from County, its Board of Commission"rs, und the inJividualm"mbersth"reof,itsagen~i"s,departments,oftic"rs,ag"nts, employees, servants and its slleee~sors, as a result of the ads or omissions of Contractor, it~ employees Or agents, in or in part pur~Clant to this Agreement Or arising directly or indirectly out of Contrac10r's excrdse of its ptivikges or performance of its obligations under this Agreement E. Contractor ~hall comply at all time~ and in <Ill respects wlth all applicable federal, state and local laws, resolutions, unJeodes. Ii. '\'otwith~tanding anything to th" contrary contained in this Agreement, COU-llty ~hall have no obligations under this Agrecment ailer, nor ~hall any payments be made to Contractor in respect of any period alter, D"cember 31st of the calendar y"arol'th" Term of this Agr"emcnt, wlthout an appropriation therc!<.lr" by County in accordance with a bCldgct adopted by the Board 01' County Conulli~~ioners in compliancc with theprovi~ions of Ai1icle 25, Title 30 of the Colorado Revi~d Stahllcs, the ul~al Govemmcnt Budget Law (CKS. 29-1-101 cL~eq.) and the T,\BOR Amendmcnt (Colorado Constihltion, Article X, Sec. 20). G. Thi, Agro:ement shall be governed by the Jaws of the State of Colorado. Juri~diction and venueforanysllit,rightorcauscofactional'isingunder,orin~olUlcctionwiththlsAgreement ~hall be exclusive in Eagk County, Colorado. H. Thi~ Agreement supersedcs all prcvious eommllni~ations, negotiations and/or agreements bdween the rcspectivc partie~ hereto, either v"rbal Or written, and the same not "xpr"ssly contained herein are hereby withdrawn and annulled. This is all integrated agreement and there are no reprcsentation~ about any of the sl1bje~t matt"r hcreofexcept as expressJysct forth in this Agrttment. , , ( I. L This Agrecmo;nt do<os not, anu ~hall not b" deemed or~uns!ru"d to, confer upon Dr grant to any third party or pallic~ any right to claim damages or to hring any suit, action or other proceeding against ",ithcr Contractor Or COUTIly bccaLl5e of any hro;ach h"reof Dr bwausc or any ofth" terms, covenants, agreements and conditions herein. J. Contractor ~"rtiji",s that it has read Ih", Agreo;illCTIt, I.Illdcrstillld~ each and evelY ["TIll and the requirements set !orth herein, and agrees to comply with the same, in \\illness \1,'l1e[eol; County and Contra<:lor hal''' eX"~lIted lhis Agreement in triplicate on the date set forth above. Two countcrpwts have been delivered to COlIn!)' and One to Contractor. CGeNTY OF EAGLE, STATE OF COLORADO By and thT0Ugh its B9ard 01' County COmmjs~ion= ~-# .~ > / -:.:, ./ /- ..0/./ -- /, / -, //- . BY#~_ -::'~'''--?A4:;:__ ,-"",PClcrI'_Ru.nyon,Chaimlii'i <"". ":~~ ATTEST: ':":-":-:;)'\~"'l ~""," ~i"""'" """ " . -- "~,',d'/~:.' Clerk to th~-Boar OfCOWll)' C~m[~~ti!t1erii:::/ ?j;7[;k ,