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HomeMy WebLinkAboutC08-063AGREEMENT BETWEEN EAGLE COUNTY
AND
BETHANIE NELSON LINDAL
This Agreement ("the Agreement"), made this 11th day of Mazch 2008, between Eagle County,
Colorado ("County") and Bethanie Nelson Lindal ("Contractor"),
WITNESSETH:
Whereas, County, through its Department of Health and Human Services ("HHS"), works to
promote the health, safety and welfaze of County residents of all ages; and
Whereas, among the services County provides in order to promote such health, safety and
welfare aze services that stabilize family life and promote self-sufficiency; and
Whereas, the use of outside providers of such services enhances the ability of the County to
promote such health, safety and welfaze; 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"). County shall be responsible for determination in advance of
Contractor's performance of Assigned Services whether a particulaz proposed client family is
eligible to receive such services.
>TANF Service group: Pazenting and family communication skill building.
>CORE Service group 1-Mental Health: individual or group mental health services;
family counseling; psychological and mental health assessments; aftercaze; court testimony;
crisis intervention services; therapeutic staffing.
>CORE Service group 1-Intensive Family Therapy: Individual ,family or goup
therapy, aftercaze 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.
II: TERM
This Agreement shall commence on January 1, 2008 and shall terminate on December 31, 2008
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. Additional compensation, not to exceed the difference between the amount of subsidy under
this Agreement and the fee under the Contractor's Uniform Ability to Pay Scale, may be assessed
by Contractor.
D. Clients who do not appeaz 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.
E. 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.
F. 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 paymenttheretofore 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 eazlier. Information on applying for the Basic
Pilot Verification Program can be found at: https•//www.vis-dhs.com\employerre~istration
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.
E. 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.
F. 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 anytime 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 (10)
days from the date of the notice. In the event Contractor files for bankruptcy or is declazed
bankrupt or dissolves, County may declaze 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 aqd programmatic
records for reporting to County on performance if its responsibilities hereunder. Contractor shall
be subject to fmancial 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 standazds of
customer service to the public. Contractor shall provide appropriate supervision of its employees
to ensure the maintenance of these high standazds 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 aze 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 particulaz,
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 States are eligible for services under this agreement unless
those children are active child welfare clients ojEagle County Health & Human Services.
E. Contractor shall comply with all federal and state rules, regulations, laws and requirements
concerning restrictions on providing public benefits to persons who are not lawfully present in
the United States. Contractor's work involves the provision of service or support to applicants
for public benefits, and therefore, Contractor must verify the lawful presence of all applicants
prior to utilizing County funds to provide said service or support. Lawful presence must be
4
verified by 1) requiring production of a Colorado license or ID cazd, an ID cazd issued by the US
militazy or coast guazd, or a Native American tribal document; and 2) requiring the applicant to
affirm lawful presence by signing the affidavit attached as Exhibit A. The original verification
affidavit must be returned to and maintained by the County. All copies of the verification
affidavit must be certified by the Contractor has being a true and correct copy of the original
document. If the applicant is under the age of 18, Contractor should request a copy of the
applicant's birth certificate, or should work with the applicant and his/her parents to obtain a
copy of the birth certificate.
F. 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 tazget 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 bazriers iri 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.
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 safeguazd 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.
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 aze considered to be mandatory reporters for suspected child abuse and neglect and
aze to make those reports directly to HHS Youth and Family Services Division -
(970) 328-8840.
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, 2008 must be submitted by July 3, 2008; and billings for services
provided through December 31, 2008 must be submitted by January 5, 2008 in order to be
eligible for reimbursement.
L. Contractor shall participate in an annual training provided by County regazding program
requirements and eligibility; child abuse and neglect reporting; and, financial and program
reporting to County.
VII. 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:
Marian McDonough Bethanie Nelson Lindal
Eagle County Health 8~ Human Services P.O. Box 4496
P.O. Box 660 Eagle, CO 81631
Eagle, CO 81631
Notice shall be deemed given three (3) days after the date of deposit in a regulaz depository of the
United States Postal Service.
VIII. 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.
IX. MODIFICATION
Any revision, amendment or :modification of this Agreement shall be valid only if in writing and
signed by all parties.
X. INSURANCE
At all times during the term o~f this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Tvue of Insurance
Professional Liability Insurance
Coverage Limits
$ 500,000 per occurrence
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement.
XI. 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 volunrteer of
County.
B. In the event of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and
other claim related expense.
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. Contractor shall indemnify and hold harmless County, its Boazd of Commissioners, and the
individual members thereof, its agencies, departments, officers, agents, employees, servants and
its successors from any and all demands, losses, liabilities, claims or judgments, together with all
costs and expenses, including but not limited to attorney fees, incident thereto which may accrue
against, be chazged to or be recoverable from County, its Boazd of Commissioners, and the
individual members thereof, its agencies, departments, officers, agents, employees, servants and
its successors, as a result of the acts or omissions of Contractor, its employees or agents, in or in
part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its
privileges or performance of its obligations under this Agreement.
E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
F. Notwithstanding anything to the contrazy 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 calendaz year of the Term of this Agreement, without
an appropriation therefore by County in accordance with a budget adopted by the Boazd 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).
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
shall be exclusive in Eagle 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 there
aze 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.
7
Page 7 of 8
any period after, December 31st of the calendaz yeaz of the Term of this Agreement, without an
appropriation therefore by County in accordance with a budget adopted by the Boazd 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).
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 shall be
exclusive in Eagle 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 there aze 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 through its d of C ommissioners
By:
Peter F. Runyon, Chairman
~rP~-` c~
ATTEST: ~ c~ ~~
Clerk to the Boazd of County Commissioners
CONTRACTOR: Bethanie Nelson Lindal
~~ ~~
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Page 8 of 8
Exhibit A
I, _ ~ r'1 u, ,swear or affirm under t~ ue ~ er al ty of perjury under .the laws of
the State of Coloracl ~ that (check one):
i/ I am a United Mates Citizen
I am a Permar~ ant Resident of the United States, or
I am lawfully ~>resent in the United States pursuant to edercl arr.
I understand tb, x this sworn statement is required by
benefit. I understand that state Qaw requires me to provic
United States prior to receipt o~f this public benefit. I ~
fictitious, or fraudFa lent statement or representation in thi
criminal laws of Cc~,orado as perjury in the second degree t
and it 1 constitut e a separate riminal offense each time
z ~ -~~
Signature Date
aw I~ec ate: I have applied for a public
pro~~f that I am lawfully present in the
rher a ;knowledge that making a false,
:.worn afli~;lavit is punishable under the
cer Co orarto Revised Statute § 1$-$-503
1-ubl is ~e n~: fit is fraudulently received.
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