HomeMy WebLinkAboutC09-159 Early Childhood Partners (Parenting Classes)AGREEMENT BETWEEN EAGLE COUNTY
AND
EARLY CHILDHOOD PARTNERS
(PARENTING CLASSES)
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This Agreement ("Agreement") dated as of this '"" day of -A nil, 2049, is between the
County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of
County Commissioners ( "County "), and Early Childhood Partners, with a mailing address of
Early Childhood Partners, P.Q. Box 4532, Eagle, CO 81631 ("Contractor").
WHEREAS, the 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, County provides various services to Eagle County residents in order to
promote health, safety and welfare; and
WHEREAS, to enhance the ability of the County to provide these services, County is in
need of an organization to provide the services outlined in Section 1.1 hereunder; and
WHEREAS, County wishes to hire Contractor to perform the tasks associated with such
services outlined in Section 1.1 hereunder; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of
the responsibilities of the Contractor in connection with the services and related terms and
conditions to govern the relationship between Contractor and County in connection with the
services.
AGREEMENT
NOW THEREFORE, based upon the representations by Contractor set forth in the
foregoing recitals, for good and valuable consideration, including the promises set forth herein,
the parties agree to the following:
1. Scope of Services:
1.1 The Contractor will provide the services more particularly set forth in the attached
Exhibit "A" labeled Scope of Services (hereinafter called "Contractor's Services ") incorporated
herein by reference. The Contractor's Services are generally described as providing parent
educational classes /groups to improve family functioning and provide parents with adequate
tools to support the developmental stages of their children.
1.2 Any revision, amendment or modificao of this Agreement shall be valid only if
in writing and signed by all parties. Except as may h9l. essly altered by the amendment, all
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terms and conditions of this Agreement shall contro . e extent the terms and conditions of
this Agreement may conflict with Exhibit "A" or and e exhibits or amendments the terms
and conditions of this Agreement shall control.
1.3 The Contractor agrees that Contractor will not knowingly enter into any
arrangement per se with third parties that will conflict in any manner with this Agreement.
1.4 Contractor has given the County a proposal for performing the Services and
represented that it has the expertise and personnel necessary to properly and timely perform the
Services.
2. Term of Agreement:
2.1 This Agreement shall commence on the agreement date first above written and,
subject to the provisions of Section 2.2 hereof, shall continue in full force and effect for a period
of one (1) year commencing with the effective date of this Agreement. This Agreement may be
extended beyond the time referred to in this Section 2.1 by a Renewal Agreement fully executed
by both parties hereto.
2.2 This Agreement may be terminated by either party for any reason with 15 days
written notice, with or without cause, and without penalty. In the event the 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 payment
of accrued but unpaid fees set forth in Section 2.3 hereof, shall terminate immediately.
2.3 In the event of any termination of this Agreement, Contractor shall be
compensated for all incurred costs and hours of work then completed, plus approved expenses.
3. Independent Contractor.
3.1 with respect to the provision of the Contractor's Services hereunder, Contractor
acknowledges that Contractor is an independent contractor providing Contractor's services to the
County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee,
partner or representative of County.
3.2 The Contractor shall not have the authority to, and will not make any
commitments or enter into any agreement with any party on behalf of County without the written
consent of the Board of County Commissioners.
3.3 The Contractor and its employees are not entitled to workers' compensation
benefits through the County. The Contractor is solely responsible for necessary and adequate
workers' compensation insurance and shall be responsible for withholding and paying all federal
and state taxes. The Contractor and its employees are not entitled to unemployment insurance
benefits unless unemployment compensation coverage is provided by an entity other than the
County. The Contractor hereby acknowledges full and complete liability for and timely payment
of all local, state and federal taxes imposed including, withgV; limitation, tax on self - employment
income, unemployment taxes and income taxes.
4. Compensation:
4.1 For the Contractor's Services provided hereunder, County shall pay to the
Contractor a fee as set forth in the attached Exhibit "A." Contractor will not be entitled to bill at
overtime and/or double time rates for work done outside normal business hours unless
specifically authorized to do so by County. Fees for any additional services will be as set forth
in an executed addendum between the parties.
4.2 For reimbursement Contractor must submit invoices by the fifth business day of
each month. Invoices shad include a description of services performed. If County is not
satisfied with the completeness of a submitted invoice, County may request Contractor to either
revise the invoice or provide additional information to explain the insufficiency of the invoice.
Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from
Contractor for Contractor's Services.
All invoices must be mailed or delivered in- person to the following address to ensure
proper payment. Invoices sent by fax or email will not be accepted.
Eagle County Health & Human Services
Business Office
550 Broadway
P.O. Box 660
Eagle, CO 81631
4.3 If, prior to payment of compensation or reimbursement for services but after
submission to County of a request therefore 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 P a Y ment.
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 p a Y ment
was made were not performed as prescribed by the provisions of this Agreement, then upon
written notice of such determination and request or reimbursement from County, f i tY , 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 b County �Y to
Contractor shall forthwith be returned to County.
4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges
shall be made to the County nor shall any payment be made to the Contractor in excess of the
amount for any work done in respect of any period after December 31 st of the calendar year of
the Term of this Agreement, without the written approval in accordance with a budget adopted
by the Board of County Commissioners in compliance with the p rovisions of Article 25 Title 30
of the Colorado Revised Statutes, the Local Government Budget Law C.R.S. § 29 -1 -101 et se q.)
and the TABOR Amendment (Colorado Comtitution, Article X, Sec. 20).
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5. Indemnification:
Within the limits allowed by i law, Contractor shall indemnify County r, and hold and
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defend the County and its officials, boards, oars, oficers, principals and employees harmless from all
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costs, claims and expenses, including reasonable attorney's fees, arising from claims of an
nature whatsoever made by any person in connection with the negligent acts or omissions of or
presentations by, the Contractor in violation of the terms and conditions of this Agreement. This
indemnification shall not apply to claims by third parties against the County to the extent that the
County is liable to such third party for such claim without regard to the involvement of the
Contractor.
6. Contractor's Professional Level of Care and Additional Duties:
6.1 In rendering its services hereunder, Contractor shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision of
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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 '
g sole discretion of
County. In the event that County finds these standards of customer service are not being met b
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Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) da s notice
to the Contractor.
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6.2 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 n expended, including
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funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide
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the County with progress reports upon County's request; or Contractor shall furnish ro ress
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reports as more specifically set forth in the attached Exhibit "A ".
6.3 Contractor shall maintain, for a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance of its responsibilities hereunder.
Contractor shall be subject to financial audit by federal, state or county auditors or their
designees. Contractor authorizes County to performm audits or to make inspections during normal
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business hours, upon 48 hours notice to Contractor, for the ose of evaluating performance
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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 finds and seek an amicable resolution with County.
6.4 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. Contractor shall be solely responsible for ensuring proper licensing and
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credentialing of those providing services under this Agreement.
6.5 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
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color, sex, age, religion, pol itical itical beliefs, national on . in, or handicap. p
7. 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 Early Childhood Partners
Jennie Wahrer Jeanne McQueeney
P.O. Box 660 P.O. Box 4532
Eagle, CO 81631 Eagle, CO 81631
970 -328 -2604 (970) 328 -0774
8. Insurance:
8.1 At all times during the term of this Agreement Contractor shall maintain in full
force and effect the following insurance:
Insurance- Type
• Workers' Compensation
• Employers Liability, including
Occupational Disease
• Comprehensive General Liability, including
Broad Form Property Damage
• Professional Liability Insurance
Coveraize Minimums
Statutory
$500,000
$600,000 per occurrence or as specified in
the Colorado Governmental Immunity Act,
whichever is greater
$500,000 per occurrence
8.2 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.
91 Non- Assignment and Subcontractors:
Contractor shall not assign this Agreement or employ any subcontractor without the p rior
written approval of the County Representative, who is designated in Section 7 of this Agreement.
The Contractor shall be responsible for the acts and omissions of its � employees a ents and sub -
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contractors. The Contractor shall bind each subcontractor to the terms of this Agreement. The
County may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement
without the prior written consent from the County, and any such assignment or subcontracting
shall be a material breach of this Agreement.
10. Jurisdiction and Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laves of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall
be in the Fifth Judicial District for the State of Colorado.
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14.2 The Contractor and County acknowledge that, during the term of this Agreement and in the
course of the Contractor rendering the Contractor s Services, the Contractor and County may acquire
knowledge of the business operations of the other party not generally known deemed confidential. The
parties shall not disclose, use, publish or otherwise reveal, either directly r throw another, to an
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person, firm or corporation, any such confidential knowledge or information and shall retain all
knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary
capacity for the sole benefit of the other party during the term of this Agreement, and for a period of
five (5) years following termination of this Agreement. Any such information must be marked as
confidential. The parties recognize that the County is subject to the Colorado Open Records Act
and nothing herein shall preclude a release of information that is subject to the same.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the parties related to its
subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or
written.
11.2 This Agreement does not and shall not be deemed to confer upon or grant to an
third party any right enforceable at law or equity arising out of any term, covenant, or condition
herein or the breach hereof.
11.3 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.
12. Prohibitions on Public Contract for Services:
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S.
8 -17.5 -141, et seq., regarding Illegal Aliens -- Public Contracts for Services, and this Contract.
By execution of this Contract, Contractor certifies that it does not knowingly employ or contract
with an illegal alt g Y p Y •
• g en who will perform under this Contract and that Contractor will participate in
the E- verify Program or other Department of Labor and Employment program ("Department
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Program) in order to confirm the eligibility of all employees who are newly hired for
employment to perform work under this Contract.
(a) Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this 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) Contractor has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under this Contract
through participation in the E -verify Program or Department Program, as
administered by the United States Department of Homeland Security.
Information on applying for the E- verify program can be found at:
Fitt .HwNNTw.dhs. ov /x rev rot/ ro rams / c I185221678150.shtm
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(c) The Contractor shall not use either the E- verify program or other
Department 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:
(i) Notify the subcontractor and the County within three (3) days that
the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
Terminate the subcontract with the subcontractor if within three
(3) days of receiving the notice required pursuant to subparagraph
(i) of 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
established in C.R.S. § 8- 17.5 - 102(5).
(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
specifically for a breach of this provision of this Contract, the Contractor
shall be liable for actual and consequential damages to the County as
required by lave.
(g) The County will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and the County
terminates the Contract for such breach.
13. Sole Source Government Contracts:
If the Contractor has entered into a sole source government contract or contracts with the
State of Colorado or any of its political subdivisions as defined in Article XXVIII of the
Colorado Constitution which including this contract in the aggregate on an annual basis are equal
to or exceed the amount of $100,000, then the following provisions apply:
(a) Because of a presumption of impropriety between contributions to any
campaign and sole source government contracts, Contractor, on behalf of
itself, any person who controls ten percent or more of the shares of or
interest in the Contractor, and the Contractor's officers, directors and
trustees (collectively, the "Contract Holder ") shall contractually agree, for
the duration of the contract and for two years thereafter, to cease making,
causing to be made, or inducing by any means, a contribution, directly or
indirectly, on behalf of the Contractor Holder or on behalf of his or her
immediate family member and for the benefit of any political party or for
the benefit of any candidate for any elected office of the state or any of its
political subdivisions.
(b) The parties further agree that if a Contract Holder makes or causes to be
made any contribution intended to promote or influence the result of an
election on a ballot issue, the Contract Holder shall not be qualified to
enter into a sole source government contract relating to that particular
ballot issue.
(c) The parties agree that if a Contract Holder intentionally violates sections
15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual
damages that Contract Holder shall be ineligible to hold any sole source
government contract, or public employment with the state or any of its
political subdivisions, for three years.
(d) The Contract Holder agrees to comply with the summary and notice
provisions of Section 16 of Article XXVIII of the Colorado Constitution.
(e) These provisions shall not apply to the extent they have been enjoined or
invalidated by a court of competent jurisdiction.
(� All terms used in this Section and not otherwise defined in this Agreement
shall have the same meaning as set forth in Article XXVIII of the
Colorado Constitution.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its County Manager
By:
Keith P. Montag, Acting Co Manager
Early Childhood Partners
Y
Jeanne ' c4u/eehl'
EXHIBIT A
SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE
Description of Services:
The work for this Agreement began on January 1, 2009 and shall terminate on December 31,
2009.
Contractor shall provide a minimum of four (4) parenting education groups /classes. The
purpose of the classes is to enable parents to increase and apply improved knowledge,
attitudes, and skills in guiding and disciplining their children; and support families by giving
parents information and skills.
The parenting class curriculum will include, but not be limited to:
1. How to more effectively provide leadership and direction to their youth.
2. How to enhance family communication.
3. How to explore and communicate values.
4. Tools to support the developmental stages of their children.
5. Family management skills
Progress Reports: A written report will be provided to the County after the close of each
parenting group. Specifically the written report will include:
1. The number of parents enrolled in the parenting group.
2. The participation rates of enrolled parents.
3. The ages of the children of enrolled parents.
4. The martial status of enrolled parents.
5. The language of enrolled parents.
6. The ethnicity of enrolled parents.
7. The annual gross income of enrolled parents.
8. Changes observed in parenting skills, behavior, and effectiveness as a result of
.participation in the parenting groups.
9. Class attendance sheets submitted to county by the 5th of each month.
Payment and Fee Schedule: The contractor shall be paid as follows:
Program /Service
Description
Cost Details
Cost
Incredible Years
One class. with
12 sessions @
$7.,200
Incredible Years
$600 /session
evaluation —class has
12 sessions
Reimbursable
Childcare providers
2 providers @ 3 hrs @
$1,440
10
Expenses (Optional)
Description
$20 /hour x 12
Cost
Making Parenting a
Three courses of 9
sessions
$8.0100
Pleasure (MPAP)
Parenting and child
12 sessions @
$ 504
care supplies
$42 /session
Food supplies
12 sessions @
$1,500
Reimbursable
Childcare providers
$125 /sessions
$2,160
Expenses (Optional)
Simultaneous
12 — 2 hour sessions
$ 856
translation
@ $35.60 /hour
Total Max. Payment
Parenting and child
27 sessions @
$11,P500
Program /Service
Description
Cost Details
Cost
Making Parenting a
Three courses of 9
27 sessions @
$8.0100
Pleasure (MPAP)
sessions each, one in
$300 /session
English and two in
Spanish
Reimbursable
Childcare providers
2 providers @ 2 hrs @
$2,160
Expenses (Optional)
$20 /hour x 27
sessions
Parenting and child
27 sessions @
$1,.590
care supplies, food
$59 /session
supplies
Total Maximum
$11,,850 or
Payment
$3,,950 per class
County will not compensate or reimburse Contractor for activities such as:
1. Participation in child protection, community treatment team for client family
staffings.
2. Travel costs.
3. Supervision or staff development activities.
Reimbursement: Contractor shall submit an invoice and a report as described under the
"Progress Reports" section above. The report for each class must be received ior to payment.
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The maximum amount of reimbursement under this agreement is $23,348.
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EXHIBIT B
PROOF OF INSURANCE
(Certificate of insurance to be inserted as Exhibit B)
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GREATAVIERICA
INSURANCE COMPANIES
580 WALNUT STREET, CINCINNATI, OHIO 45202
Insurance is afforded by the company indicated below: (Each a capital stock corporation)
® Great American Insurance Company
0 American National Fire Insurance Company
THIS !S A C�LAt���S
I~yt A J E POLICY, R €AD
iT CAREFt1LLY.
'Decteratien� £cn
7�fen- 4'rofi� Or¢�nizatlon
Fxecutroe �rcitectton and
El»pteyfloent �r9rticss I.tabiltty
Insurance �elicy
CI Agricultural Insurance Company
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Policy Number: EPP9712235 Policy Form Number. D9100
Item 1. Name of Organization: EARLY Cff[LDHOOD PARTNERS INC.
Mailing Address: P.O. BOX 4532
City, State, Zip Code. EAGLE, CO 81631
Attn: Executive Director
Item 2. Policy Period: From 09/22/2008 To 09%2212009
(Month, Day, Year) (Month. Day, Year)
(Both dates at 12:01 a.m. Standard Time at the address of the Organization as stated in Item 1)
Item 3. Limit of Liability:
$ 1 �Q00,000 Aggregate Limit of Liability for Each Policy Year
Item 4. Retention:
$ l,000 Each Claim
Item 5. Premium:
$ 1,185
Item 6. Endorsements Attached:
D9053 D9326 D9713 D9714 D9714
D9800 -1 D9876
Item 7. Notices: All notices required to be given to the Insurer under this Policy shall be addressed to:
Great American Insurance Companies
Executive Liability Division
P.O. Box 66943
Chicago, Illinois 60666
Item 8. Initial Coverage Date: 09/22/2008
D9714 D9718
These Declarations along with the completed and signed Proposal Form and Non - Profit Organization Executive Protection and Employment
Practices Liability h mance Policy, shall constitute the contract between the Insureds and the Insurer.
countersignature
Not Required
(Authorized Repr1esentahve)
D 9102 (3197)
(Countersignature Date)
TERM SHEET
AGREEMENT BETWEEN EAGLE COUNTY AND EARLY CHILDHOOD
PARTNERS FOR PARENTING CLASSES RECEIVED
1) Requested hearing date: APR $ p 2009
2) For County Manager signature: yes EAGLE COUNTY ATTORNEY
3) Requesting department: Children & Family Services, HHS
4) TT Agreement between Eagle County and Early Childhood Partners for
Parenting Classes
5) Check one: Consent:On the Record:
6) Staff submitting: Jennie Waterer
7) Purpose: Early Childhood Partners will provide parent education
classes /groups to a minimum of 54 parents from low- income or at -risk homes to
improve family functioning, achieve active promotion of children's language
development and achieve family skills in advocating for the educational needs of
their child. The classes will enable parents to increase and apply improved
knowledge, attitudes, and skills in guiding and disciplining their children; and
support families by giving parents information and skills on:
How to more effectively provide leadership and direction to their youth
➢ How to enhance family communication
➢ How to explore and communicate values
➢ Provide parents with adequate tools to support the developmental stages of
their children
➢ Provide parents with family management skills
8) Schedule: ,
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9) Financial considerations: The maximum amount of reimbursement under
this agreement is $23,348. Program revenue and expenses are included in the
2009 Healthy Babies and Families budget.
9) Other:
qpp S TO FOR � ��
By' !x1
Eagle County Attorn ey's Office �
Eagle County Commissioners' Office
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