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HomeMy WebLinkAboutC09-218 Lynn Gottlieb ConsultingAGREEMENT BETWEEN EAGLE COUNTY AND LYNN C. GOTTLIEB COUNSELING, LLC This Agreement ("Agreement") dated as of this ~'`-`~ day a£; 2009, is between the County of Eagle, State of Colorado, a body corporate and pol c, and through its Board of County Commissioners ("County"), and Lynn C. Gottlieb C nse ing, LLC, with a mailing address of 3021 Booth Falls Road, Vail, CO 81657 ("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 individual and family counseling for Child Welfare clients to prevent unnecessary placement of children and youth in out-of--home care, support family preservation, and assist in family reunification. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as maybe expressly altered by the amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future 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 has been fully executed 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. All terms and conditions of this executed Agreement shall apply retroactively to all the work commenced on January 1, 2009. This Agreement maybe 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, without 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. 2 4.2 For reimbursement Contractor must submit invoices by the fifth business day of .. each month. Invoices shall 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 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. 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 31st 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 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). 5. Indemnification: Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any 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. 3 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 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. 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 expended, including funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide the County with progress reports upon County's request; or Contractor shall furnish progress 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 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. 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 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 of race, color, sex, age, religion, political beliefs, national origin, or handicap. 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: Eagle County Health & Human Services Sherri Almond P.O. Box 660 Eagle, CO 81631 970-328-8852 CONTRACTOR: Lynn C. Gottlieb Counseling, LLC 3021 Booth Falls Road Vail, CO 81657 970-390-4390 4 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 Coverage 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. 9. Non-Assignment and Subcontractors: Contractor shall not assign this Agreement or employ any subcontractor without the prior 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 agents, employees and sub- 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 laws 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. 10.2 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 parry not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any 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 any 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 ofany 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. § 8-17.5-101, 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 alien 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 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 (ii) 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: http://www.dhs. ov/xprevprot/programs/gL 1185221678150 shtm (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 (ii) 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 law. (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. 7 (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. (fl 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. 11 SIGNATURE PAGE TO FOLLOW // 1 IN WITNESS WFIEREOF', the parties hereto have executed this Agreement the dap and year first above written. COLFNTY OF EAGLE, STATE OF COLORADO By and through its County Manager / eith P. Montag,S4auug County Manager Contracto ~}, " // ~ Lynn C Gottlieb EXH_ IBS SCOPE OF SERVICES PAYMENT & FEE SCHEDULE ices: Descri tion of Services: This contract is for services provided beginning January 1, Descri tion of Serv 2009 and ending December 31, 2009. ill rovide individual and family counseling to clients invelved with Child Welfare Services o care support family preservation, and Contractor w p outh in out of-hom prevent unnecessary placement of children and y assist in family reunification. Additional Provisions: Ian within with an assessment and p 1. Assessments and Planning. Contractor shall provide the County Ian shall include the thirty (30) days of enrollment or participation in services by a family or child. This p lishment. Such including specific objectives and target dates for accomp treatment plan for the child s family, Thereafter, at monthly intervals, Contractor shall royal by County. Ian. plan shall be subject to review and app rovisions of the treatment p ress and barriers in achieving the goals and p Ian, submit reports that include prog imbursement for services relating to the plan is subject to the timely receipt of written assessmen , p Re which these services are to pe rUViu.c... andator Re ortin .Contractor shall notify HHS immediately ioaeesepolunteers and c ents~ HHS 3• M but not limited to, emr Y abuse or neglect involving Contractor, including, ractors are considered to be mandatory reporters for suspect 9 cOhi3 8 8840 nd neglect and are to ma e cont those reports directly to HHS Youth and Family Services Division Pa ment and Fee Schedule: . Count will compensate Contractor for performance of Service ~ tra°ell t and)from acclient family home to A Y with the client family or HHS representatives - $75 pwill roeimbu)rse Contractor for travel from Provider's office perform services-$20 per hour. In addition, County .client family home in order to perform Assigned Services at the IRS Standard Mileage Rate for business at to a the time of travel.. B. County will not compensate or reimburse Contractor for activities such as: (1) participation in child rotection or community treatment team; (2) travel other than that described in Paragraph A above, (3) p paperwork and other indirect administrative costs; (4) supervision or staff training activities. will not compensate or reimburse Contractor for scheduled appointments for which the client fails C. County to appear. 10 and reports. li ibilit .County is responsible for determining the eligibili he authorizedvservice plain woth nrth ee 2. under this agreement. County shall advise Contractor in wrlaingExhibit B). There shall be no payment for ,~~ ...,...~;„a ~a~t of receipt of the certification and service p ( +~o rni~nty. Such authorization shall Exhibit B Eagle County Health 8~ Human Services Authorization for Services Household #: 19- Case Name: Service Provider: Telephone #: Family's Mailing Address: Dates of Service: / .Family's Physical Address: Start End Family Information Father Mother Child Child Child Child Child Family Members Date of Birth Household Suffix 01 02 03 04 05 06 07 State ID # Social Securi # Tvues of Services Reauested Please Check I,h Which Family Members Will Receive Services Indicated Suffix 01 02 03 04 OS 06 07 Famil Communication Individual Parentin Skills Intensive Famil /Individual Thera Grou Services Substance Abuse Evaluation Substance Abuse Treatment S ecified Sexual Abuse Treatment Da Treatment Rs cholo ical Evaluation Ps chiatric Evaluation Parent-Child Interact Tonal Other S ecified Comments Total Number of Units Approved (1 unit = 1 hour): Pavment Method EHS Core TANF Child Welfare CWMH Core: Human Service Other Progress Reports Required Monthly Not Required Case Manager: Telephone #: Date Manager: Telephone #: Date Bills must be submitted by the 5~h of the month. Mail to HHS Business Office, P.O. Box 660, Eagle, CO 81631 Total Obli ation: Date Entered: Service Dates Service Amounts Date Paid Obli ation Balance 11 EXHIBIT C PROOF OF INSURANCE (Certificate of insurance to be inserted as Exhibit CJ 12 ~~~ Healthcare Providers Service Or a i ti P h g n za on urc asi n g Group T T ® ~~~ Q '} '~ ~~~~~~~~~~~ ~~ ~.i -~7~i~x~~,~i~ t+cah6u~jP.~idcn&~.iceO.pniutim- OCCURRENCE POLICY FORM Producer Branch Prefix Policy Number Policy Period 018098 970 from: 12:01 AM Standard Time on: 04/15/09 HPG 0265797066-8 t Named Insured and Address o: 12:01 AM Standard Time on: 04/15/10 Pro ram Administrator LYNN C GOTTLIEB Healthcare Providers Service Organization 3021 BOOTH FALLS RD 159 East County Line Road VAIL CO 81657-4630 Hatboro, PA 19040-1218 Medical Specialty: Cli i l Code: Insurance Provided b n ca Counselor/LPCC y 80723 American Casualty Company of Reading, Pennsylvania COVERAGE PARTS 333 S. Wabash Avenue Chicago, IL 60604 LIMITS OF LIABILITY A. PROFESSIONAL LIABILITY Professional Liability $1,000,000.00 each claim $3,000,000.00 aggregate Good Samaritan Liabilit Included above Personal In'ur Liabilit Included above Mal lacement Liabilit included above B. Coverage Extensions License Protection Defendant Expense Benefit $10,000.00 per proceedin g $25,000.00 aggregate Deposition Representation $2,500.00 per deposition $10,000.00 $5 000 00 aggregate Assault $10,000.00 per incident , . $25,000.00 aggregate aggregate Medical Pa ments First Aid $2,000.00 per person $100,000.00 aggregate Damage of Property of Others $500.00 per incident $2,500.00 $10 000 00 aggregate , . aggregate C. WORKPLACE LIABILITY Coverage part C. does not apply if Coverage part D W . is made part of this policy ork lace .Liabilit Fire and Wat L . Included in A. Professional Liability Limit shown above er egal Liability Personal Liability Included above sub'ect to 7 $150,000 sub-limit $1,000,000.00 aggregate D. GENERAL LIABILITY Coverage part D. does not apply if Coverage part C. Q 3 - is made part of this polic enera Liakr-lty -_ _, __. _ y. None . _ _ - - _ _.---Notre _- Fire & Water Legal Liability None Personal Liability None None rvrar ~115t3 . 00 Premium reflects self-employed, part-tune rate. rvrms and endorsements attached at QUESTIONS? CALL: 1-800-982-9491 G-121500-D G-121501-C G-121503-C G-145184-A G-147292-A GSL3886 GSL3908 G-123846-C05 Master Policy: 188711433 ~~a..n.. ~`~,~~ ?~ '~ Keep this document in asafe-place. This and / i~P 1' t/ " your cancelled check act as proof of coverage. Chairman of the Boarrd Secretary ~' ' " ~ ~ " ~ _ R t ~ ~ ~ ^ ~ ~ ~ 610 XX 000007741 090105 RENHCP 12/08 R1 M7HM 09005 TERM SHEET LYNN GOTTLIEB, LPC 1) 2) 3) 4) 5) 6) Requested hearing date: For County ManaEer signature?: Yes Requesting department: HHS Children & Family Services Title: Agreement between Eagle County and Lynn Gottlieb, LPC. Check one: Consent: X On the Record: Staff submitting: Sherri Almond, Director Children & Family Services X8852 L ~~ S-TO FORM sy: Eagle County Attorney's Otflce By: Eagle County Commissioners' pffice 7) Pur ose: Contractor will provide individual and family counseling to clients involved with Child Welfare Services to prevent unnecessary placement of children and youth in out-of--home care, support family preservation, and assist in family reunification. 8) Schedule: For services provided beginning January I, 2009 and ending on December 31, 2009. 9) Financial considerations: Total payments made to the provider under this agreement shall not exceed $5,000 for the period ending 12/31/09. Funds are included in the 2009 budget. Staff will monitor payments to ensure that payment for services do not exceed this amount. The County will compensate the contractor for (I) 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 Contractor's office to a client family home in order to perform Assigned Services at the prevail~~uED mileage reimbursement rate. 10) Other: JUL 1 3 2009 EAGLE C()l1tJ'l Y ;~~°fGRNEY