HomeMy WebLinkAboutC06-248
AGREEJ\1IENT BETWEEN EAGLE COUNTY
and
Board of Governors of the Colorado State University System,
Acting by and through Colorado State University
This Agreement ("the Agreement"), made this 8th day of August, 2006, between Eagle County,
Colorado ("County") and Board of Governors of the Colorado State University System,
Acting by and through Colorado State University ("Contractor").
WITNESSETH:
Whereas, County, through its Department of Health and Human Services ("HHS"), works to
promote the health, safety and welfare of County residents of all ages; and
Whereas, among the services County provides in order to promote such health, safety and
welfare are services that stabilize family life and promote family self-sufficiency; and
Whereas, the use of outside providers of such services enhances the ability of the County to
promote such health, safety and welfare; and
Whereas, Contractor is a provider of such services and wishes to contract with County to provide
such services to County residents in need thereof.
Now, therefore, in consideration of the foregoing premises and the following promises, County
and Contractor enter into this Agreement.
Article I: SCOPE
Contractor shall provide services that promote family self-sufficiency. Specifically, the
Contractor will provide information to families on financial and personal resource management.
Participants will learn to: take control of their finances by developing improved money
management skills; prioritize savings for goals; and understand the importance of sharing
resources. Services will be provided in individual sessions with families referred by Eagle
County Health & Human Services, Eagle County School District Head Start, the Literacy
program, the Resource Center, and to self-referred families.
Article II: TERM
This Agreement shall commence on January 1, 2006 and shall terminate on December 31, 2006
("the Term").
Article III: COMPENSATION
A. County will compensate Contractor for individual sessions at $50 per sessions and for
families participating in group sessions at $15 per person per session.
B. The County will determine the eligibility of each individual family for services referred by the
County under this agreement. The Contractor is responsible for determining T ANF eligibility for
B. The County will determine the eligibility of each individual family for services referred by the
County under this agreement. The Contractor is responsible for determining T ANF eligibility for
services for families referred by other community agencies, and for self-refening families. The
Contractor shall use the T ANF eligibility form (Attachment A) to determine eligibility and
advise participants of their potential eligibility for other HHS services.
C. If, prior to payment of compensation or reimbursement for services but after submission to
County of a request therefor by Contractor, County reasonably determines that payment as
requested would be improper because the services were not performed as prescribed by the
provisions of this Agreement, the County shall have no obligation to make such payment. If, at
any time after or during the Term or after termination of this Agreement as hereinafter provided
or expiration of this Agreement, County reasonably determines that any payment theretofore paid
by County to Contractor was improper because the services for which payment was made were
not performed as prescribed by the provisions of this Agreement, then upon written notice of
such determination and request for reimbursement from County, Contractor shall forthwith return
such payment to County. Should County determine that services ere not performed as
prescribed by the provisions of this Agreement, County will so notify Contractor, allowing 30
days for Contractor to correct said performance of services and thereby its receipt, or retention, of
payment for said services. Upon termination of this Agreement as hereinafter provided or
expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith
be returned to County.
IV. TERMINATION
Either party may terminate this Agreement at any time and for any reason or no reason upon
written notice to the other party specifying the date of termination, which date shall be not less
than ten (10) days from the date of the notice. In the event the other party files for bankruptcy or
is declared bankrupt or dissolves, the second party may declare in writing that this Agreement is
terminated, and all rights of the other party and obligations of the second party, except for
payment of accrued but unpaid fees and expenses, shall terminate immediately.
V. CONTRACTOR'S DUTIES
A. All funds received by Contractor under this Agreement shall be or have been expended solely
for the purpose for which granted, and any funds not so expended, including funds lost or
diverted for other purposes, shall be returned to County.
B. Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic
records for reporting to County on performance if its responsibilities hereunder. Contractor shall
be subject to financial audit by federal, state or county auditors or their designees. Contractor
authorizes 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.
Contractor shall cooperate fully with authorized HHS representatives in the observation and
evaluation of the program and records. Contractor shall have the right to dispute any claims of
misuse of funds and seek an amicable resolution with County.
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C. In rendering its services hereunder, Contractor shall comply with the highest standards of
customer service to the public. Contractor shall provide appropriate supervision of its employees
to ensure the maintenance of these high standards of customer service and professionalism.
D. Contractor shall comply with all applicable federal, state and local rules, regulations and laws
governing services of the kind provided by Contractor under this Agreement. In particular,
Contractor shall comply with all applicable rules and laws governing eligibility for services and
allowable costs under the Colorado WORKS/T ANF program for those families authorized for
services to stabilize family life and promote family self-sufficiency. Contractor shall be solely
responsible for ensuring proper licensing and credentialing of those providing services under this
Agreement.
E. The County requests the Contractor to work in collaboration with HHS in the development of
inter-agency referral protocols regarding the Contractor's and County's services. The Contractor
will advise the Director of HHS in writing of all community collaboration activities sponsored or
convened by the Contractor for purposes of HHS participation in such activities.
F. The County requests an annual written report concerning services under this Agreement.
This report shall include the number of families and youth participating in the Contractor's
services as noted under, Article I: Scope, of this Agreement. This report shall also include a
documentation of the outcomes of service, to the extent that the Contractor collects this
information on program participants, specifically:
? the numbers of participating families with incomes under 185% of the federal poverty
level who were able to achieve family incomes of 185% of federal family poverty or
more through additional earnings, or as a result of being connected with community
services that increased the total equivalent financial resources available to the family.
The Annual Report must be submitted no later than December 15, 2006 in order for the
Contractor to be eligible for consideration under the Eagle County Human Service Grant
program in subsequent years.
G. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section
504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age,
religion, political beliefs, national origin, or handicap.
H. Contractor shall assure that the service described herein is provided to the County at a cost not
greater than that charged to other persons in the same community.
I. Contractor shall safeguard information and confidentiality of the child and the child's family in
accordance with rules of the Colorado Department of Human Services and Eagle County Health
& Human Services, and the Health Information Privacy and Accountability Act.
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J. Contractor shall notify HHS immediately of all reports of suspected child abuse or neglect
involving Contractor, including, but not limited to, employees, volunteers and clients. HHS
contractors are considered to be mandatory reporters for suspected child abuse and neglect and
are to make those reports directly to HHS Adult and Family Services Division -
(970) 328-8840.
K. Contractor must comply with the following requirements regarding all T ANF-eligible
participants:
Food Stamps - Contractor must inform all participants that they are categorically eligible to receive
at least some services and referred to HHS for more information on application for benefits.
Medicaid - Contractor must inform all participants that they may be eligible for Medicaid
and referred to HHS for information on application for benefits.
Disabilities and other Barriers - All participants must be informed by Contractor that they can visit
HHS offices to receive an assessment and appropriate services that may better work with their
disabilities or other barriers.
Appeal Rights Contractor must provide all participants with notice of their right to appeal to HHS.
Contractor shall keep a record of all participants served for documentation in case of an appeal.
L. Contractor shall submit monthly billings to County. Billings will identify the numbers of
T ANF eligible families and the number of individual and group services provided to each family.
Billings will be paid through the County's usual bill paying process. Billings for services
provided through December 31,2006 must be submitted by January 6,2007 in order to be
eligible for reimbursement.
M. Contractor shall participate in an annual training provided by County regarding program
requirements and eligibility; child abuse and neglect reporting; and, financial and program
reporting to County.
VI. NOTICE
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Candyce Jeffery, Senior Reseach
Administrator
P. O. Box 660 (mailing address) Colorado State University
(551 Broadway - physical location) 2002 Campus Delivery
Eagle, CO 81631 Fort Collins, CO 80523-2002
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Notice shall be deemed given three (3) days after the date of deposit in a regular depository of
the United States Postal Service.
VII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. 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 if in writing and
signed by all parties.
IX. INSURANCE
As an entity of the State of Colorado, Contractor is self insured for $ 150,000 per person and
$ 600,000 per occurrence as more fully set forth in the Risk Management provisions of
CRS 24301501, et seq. The parties agree that such insurance shall satisfy all insurance
requirements of this Agreement. The Contractor will provide a certificate evidencing such
insurance upon the written request of the County. County represents and warrants that is
maintains comprehensive general liability insurance and all overages required by law sufficient
for the purpose of carrying out the duties and obligations arising under this Agreement.
X. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of
County.
B. In the event of litigation in connection with this Agreement, the prevailing party shall seek all
reasonable costs other related expenses incurred.
C. Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
D. Each party hereto agrees to be responsible for its won wrongful or negligent acts or
omissions, or those of its officers, agents or employees to the extent permitted by law. The
Contractor is an institution of higher education of the Ste of Colorado and is governed by the
provisions of the Colorado Governmental Immunity Act (CRS 21-20-202, et seq.) and the
Constitution of the State of Colorado. Northing herein shall be construed as a waiver of
immunity pursuant to such laws.
E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
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F. Notwithstanding anything to the contrary contained in this Agreement, 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 year of the Term of this Agreement, without
an appropriation therefore by County in accordance with a budget 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
Arnendment (Colorado Constitution, Article X, Sec. 20).
G. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and
venue for any suit, right or cause of action arising under, or in connection with this Agreement
will be determined jointly by the parties.
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 there
are no representations about any of the subject matter hereof except as expressly set forth in this
Agreement.
I. 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, action or other proceeding
against either Contractor or County because of any breach hereof or because of any of the terms,
covenants, agreements and conditions herein.
J. Contractor certifies that it has read the Agreement, understands each and every term and the
requirements set forth herein, and agrees to comply with the same.
In Witness Whereof, County and Contractor have executed this Agreement in triplicate on the
date set forth above. Two counterparts have been delivered to County and one to Contractor.
COUNTY OF EAGLE, STATE OF COLORADO
By and ofC
CONTRACTOR: Board of Governors of the Colorado State University System,
Acting by and through Colorado State University
By:
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