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HomeMy WebLinkAboutC07-074 Joel KarrAGREEMENT BETWEEN EAGLE COUNTY AND JOEL KARR This Agreement ("the Agreement"), made this 13th day of March, 2007, between Eagle County, Colorado ("County") and Joel Karr ("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. I: SCOPE Contractor shall provide one or more of the following services ("the Services") as assigned to it in writing ("the Assigned Services") by representatives of the County Department of Health and Human Services ("HHS"). >TANF Service group: Parenting and family communication skill building. >CORE Service group 1 — Mental Health: individual or group mental health services; family counseling; aftercare; court testimony; crisis intervention services; therapeutic staffing. >CORE Service group 1 — Intensive Family Therapy: Individual, family or group therapy, aftercare services; assessment services; therapeutic staffing. >CORE Service group 1 — Home Based Therapy: Individual, family counseling, aftercare, therapeutic visitations. >Mental health consultation for County HHS programs. County shall be responsible for determination in advance of Contractor's performance of Assigned Services whether a particular proposed client family is eligible to receive such services. II: TERM This Agreement shall commence on January 1, 2007 and shall terminate on December 31, 2007. CO -1-C 7N -2V4 III: COMPENSATION A. Subject to subsection D and E of this Article III, County will compensate Contractor for performance of Assigned Services as follows: (1) for face to face contact with the client family or HHS representatives - $75 per hour; (2) for travel to and from a client family home to perform Assigned Services - $20 per hour. In addition, County will reimburse Contractor for travel from Provider's office to a client family home in order to perform Assigned Services at the rate of 40.5 cents per mile. B. County will not compensate or reimburse Contractor for activities such as: (1) participation in child protection or community treatment team; (2) travel other than that described in subsection A(2) of this Article III; (3) paperwork and other indirect administrative costs; (4) supervision or staff training activities. C. Clients who do not appear for scheduled appointments shall be responsible to pay Contractor's full cost of that appointment. Contractor agrees not to bill County for time or mileage for client failure to appear for the scheduled appointment. D. County is responsible for determining the eligibility of each individual family for services under this agreement. County shall advise Contractor in writing of the authorized service plan within three (3) 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 level of services to be provided, the nature and type of services provided and the time frames in which these services are to be provided. E. 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. 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: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: htt7s�,%.-'tiv_tv.��isd)_co�i',er�ploisiraeii�n C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 1. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 3. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 4. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. V. TERMINATION County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifying the date of termination, which date shall be not less than ten ( l 0) days from the date of the notice. In the event Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of Contractor and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. VI. 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. 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, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor. 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/TANF program for those families authorized for services to stabilize family life and promote family self-sufficiency. Only children who have a lawful legal presence in the United .S ates are eligihle.for services under this agreement unless those children are active child welfare clients of Eagle County Health & Hunzan Services. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. The County requests periodic written reports concerning services under this Agreement. Contractor shall provide the County with an assessment and plan within thirty (30) days of enrollment or participation in services by a family or child. This plan shall include the treatment plan for the child's family, including specific objectives and target dates for accomplishment. Such plan shall be subject to review and approval by County. Thereafter, at monthly intervals, Contractor shall submit reports that include progress and barriers in achieving the goals and provisions of the treatment plan. Reimbursement for services relating to the plan is subject to the timely receipt of written assessment, plan, and reports. F. 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. G. 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. 4 H. 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 and Human Services, and the Health Information Privacy and Accountability Act. 1. 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 Youth and Family Services Division - (970) 328-8840. J. Contractor must comply with the following requirements regarding all TANF-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. 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 subsequent month in order to be eligible for reimbursement, except that billings for services provided through June 30, 2007 must be submitted by July 3, 2007, and billings for services provided through December 31, 2007 must be submitted by January 4, 2008 in order to be eligible for reimbursement. L. 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.