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HomeMy WebLinkAboutC11-024 Jerome Evans PhD Agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JEROME EVANS, PhD. f� 1 This Agreement ( "Agreement ") dated as of this ,I /L`- day of � � ra �` , 20 , is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners or County Manager with a mailing address of 500 Broadway, Post Office Box 660, Eagle CO 81631 ( "County "), and Jerome Evans, PhD., with a mailing address of 309 Deer Run, Carbondale, CO 81623 ( "Contractor "). RECITALS 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, the use of outside providers enhances the ability of the County to promote such health, safety and welfare; and WHEREAS, County wishes to hire Contractor to perform the services outlined in Section 1.1 hereunder; and WHEREAS, Contractor represents that he has the knowledge and expertise to perform the services 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" which is attached hereto and incorporated herein by reference. Such Exhibit A is labeled Scope of Services (hereinafter called "Contractor's Services or "Services. The Services are generally described as monitoring and entering data provided by Eagle County, preparing an evaluation report, training staff in the evaluation system, and working with staff on data entry methods related to Eagle County Early Head Start programs. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be 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 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 The term of this Agreement shall commence upon execution of the Agreement by both parties and shall end on December 31, 2011, unless earlier terminated in accordance with the terms of this Agreement. 2.2 This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon fifteen (15) days written notice. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is immediately terminated, and all rights of Contractor and obligations of County are terminated, except payment of accrued but unpaid fees as set forth in Section 2.3 hereof. 2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all incurred costs and hours of work then satisfactorily 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. 2 4. Compensation: 4.1 For the Contractor's Services provided hereunder, County shall pay to the Contractor an hourly fee of $55 per hour as set forth in Exhibit "A." The total compensation allowed under this Agreement shall not exceed $10,000. 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 to this Agreement. 4.2 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. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services which are satisfactorily completed. 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). 3 5. Indemnification: The Contractor shall, to the fullest extent permitted by law, indemnify, hold harmless and defend the County and its officials, boards, officers, principals and employees from all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses for which County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement or are based upon any performance or nonperformance by Contractor and Contractor shall reimburse County for any and all legal and other expenses incurred by it in connection with investigating or defending any such loss, claim, damage, liability or action. 6. Contractor's Professional Level of Care and Additional Duties: 6.1 Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Contractor's Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to, similar services in the area at this time. Further, 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 or its agents 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. 4 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: CONTRACTOR: Eagle County Health & Human Services Sherri Almond Jerome Evans, PhD P.O. Box 660 309 Deer Run Eagle, CO 81631 Carbondale, CO 81623 970 - 328 -2604 970- 704 -0587 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 Coverage Minimums • Workers' Compensation Statutory • Employers Liability, including $500,000 Occupational Disease • Comprehensive General Liability, including $600,000 per occurrence or as specified in Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater • Professional Liability Insurance $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, 5 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 acknowledges that, during the term of this Agreement and in the course of the Contractor rendering the Contractor's Services, the Contractor may acquire knowledge of the business operations of the County not generally known and deemed confidential. Contractor 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 she has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the County 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 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 -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: 6 (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.gov /xprevprot/programs /gc 1 1 8522 1 678 1 50. 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. 7 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: , « A�� eith P. Montag, County Mana! / CONTRACTOR: B -. ' c By: ,;, Je me Evans, PhD. STATE OF (d v , ,� 6, ) ) SS. COUNTY OF L /(-? ) The foregoing was acknowledged before me by . Jektfi1C" 1 , this 7 " 6 / day of 1 ( rilk rz, , 2010. I My commission expires: l%3 A; - 2C/Z. . 1 Notary Pub is 4 2 .1411414P4 + 4' / L i l d ik • 8 EXHIBIT A Agreement between Eagle County, Colorado And Jerome Evans, PhD SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE Description of Services: The Contractor will continue with data collection and evaluation of family outcomes for the Early Childhood Service's Early Head Start program. Contractor will provide the following services: 1. Monitor and enter data from January — December 2011 related to Early Headstart Programs in Eagle County; data collection will be completed by Eagle County staff who conduct home visits; 2. In July 2011, analyze collected data and prepare an evaluation report as requested by the Early Head Start Program Manager. This includes an explanation of the process used, g g p p , a summary of demographics of enrolled families, changes measured in key outcomes and an analysis of measured outcomes. 3. Train Eagle County Early Childhood staff in the evaluation system —from accurate, data collection to how to use data to improve the approach and content used in their work with families; 4. Work with Eagle County staff who conduct home visits to revise data entry methods that will improve the ease, accuracy, and completeness of the parent outcomes Evaluation system, including creating revised English and Spanish language versions of rating scales online; and 5. Collaborate with Early Head Start Program Manager as opportunities arise, to share the Family Outcomes Evaluation system with other programs. The County shall provide the Contractor with: Y p 1. Current requirements for information and reports; 2. Spanish language translation of rating scales; and ' "tt.►id0 9 3. Scheduled time for the Contractor to provide training of Early Childhood staff in the evaluation system. Payment and Fee Schedule: County will compensate Contractor for performance of services described under description of services at a rate of $55 per hour for up to 182 hours. The maximum amount of reimbursement under this contract shall not exceed $10,000. EXHIBIT B PROOF OF INSURANCE (Certificate of insurance to be inserted as Exhibit B) 10 PINIL Agra Philadelphia Indemnity Insurance Company P Y p Y (A Stock Company founded in 1927) One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 1- 800 - 759 -4961 Commercial Lines PoIicy THIS POLICY CONSISTS OF: — DECLARATIONS — COMMON POLICY CONDITIONS — ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS BJP -190 -1 (12 -98) IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. President and COO Secretary BJP -190 -1 (12 -98) jpirmi Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 COMMON POLICY DECLARATIONS Policy Number: PHSD576659 Named Insured and Mailing Address: Producer: 31397 PROGRAM EVALUATION TECHNICAL ASSIST Maguire Insurance Agency, Inc. JEROME R. EVANS, P.H.D. D /B /A 1954 Greenspring Drive 309 DEER RUN Suite 360 CARBONDALE, CO 81623 -8776 Timonium, MD 21093 Policy Period From: 11/19/2010 To: 11/19/2011 at 12:01 A.M. Standard Time at your mailing address shown above. Business Description: Management Consultant /Research & Evaluation IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Businessowners Workers Compensation Miscellaneous Professional 1,488.00 Total $ 1,488.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations CPD- PIIC (01/07) Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule — Policy Policy Number: PHSD576659 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description BJP -190 -1 1298 Commercial Lines Policy Jacket LAH- Notice 1002 Policyholder Notice (Loss Assistance Hotline) CPD -PIIC 0107 Common Policy Declarations PP 0701 0701 Privacy Policy Notice IL0985 0108 Disclosure Pursuant to Terrorism Risk Ins Act of 2002 Page 1 of 1 PI -PLSP -001 (08/07) rill Philadelphia Insurance Companies in One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 — 610.617.7900 Fax: 610.617.7940 Cover-Pro X Philadelphia Indemnity Insurance Company ❑ Philadelphia Insurance Company DECLARATIONS Policy Number: PHSD576659 NOTICE: THIS IS A CLAIMS MADE POLICY. PLEASE READ THIS POLICY CAREFULLY. THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED BY AMOUNTS INCURRED FOR INVESTIGATION AND LEGAL COSTS. FURTHER NOTE THAT AMOUNTS INCURRED FOR SUCH COST SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT Item 1. Named Entity and Address: PROGRAM EVALUATION TECHNICAL ASSIST JEROME R. EVANS, P.H.D. D /B /A 309 DEER RUN CARBONDALE, CO 81623 -8776 Item 2. Policy Period: From: 11/19/2010 To: 11/19/2011 (12:01 A.M. Standard Time) Item 3. Premium: $ 1,488.00 Item 4. Limits of Liability: (A) $ 1,000,000 Each Claim, including Claim Expense (B) $ 1,000,000 Annual Aggregate, including Claim Expense Item 5. Deductible: $ 10,000 Deductible per Claim Item 6. Retroactive Date: 11/19/2001 Item 7. Continuity Date: 11/19/2001 Item 8. Additional Premium for Supplemental Extended Reporting Period: Refer to PI -PLSP -176 Page 1 of 2 PI -PLSP -001 (08/07) Item 9. Named Entity's Profession: Management Consultant /Research & Evaluation Endorsements: See Schedule By accepting this Policy, the Insured agrees that the statements in the application are personal representations, that they shall be deemed material, and that this Policy is issued in reliance upon the truth of such representations. Authorized Representative Countersignature Countersignature Date Page 2 of 2