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HomeMy WebLinkAboutC12-004 Patricia Hammon AGREEMENT BETWEEN EAGLE COUNTY AND PATRICIA HAMMON FOR VETERAN BENEFIT ASSISTANCE SERVICES This Agreement ( "Agreement ") dated as of this , -, day of , 201i, is between the County of Eagle, State of Colorado, a body corporate and politic, an Patricia Hammon and individual with a mailing address of P.O. Box 1660, Edwards, CO ( "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, among the services County provides in order to promote such health, safety and welfare are services to assist residents of the County who are veterans; and; and WHEREAS, the use of outside providers enhances the ability of County to promote such health, safety and welfare; and WHEREAS, pursuant to C.R.S. §28 -5 -801 et. seq., the County is to appoint a County Veterans Service officer; and. WHEREAS, Contractor has represented that she has the experience and knowledge in the subject matter necessary to carry out the services outlined in Section 1.1 hereunder; and WHEREAS, County wishes to hire Contractor to perform the 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 assistance to any resident of the State of Colorado who is a veteran, or their surviving spouse, administrator, executor, guardian, conservator, or heir of any said veteran, or any other person who may have a proper claim, by the filing of claims for insurance, pensions, compensation for disability, hospitalization, vocational training, or any other benefits which such person may be or have been entitled to receive under the laws of the United States or the State of Colorado by reason of such service. eI� -oo1 1. 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 andiconditions 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 an arrangement with third parties that will conflict in any manner with this Agreement. y 1.4] Contractor has agreed to perform Veterans Se represented that it has the expertise necessary to properly and timely perform the Services. 1.5 Contractor has agreed to keep knowledge and skills for performance of duties , a Veterans Service Officer current through review of information and learning materials provided by the Colorado State Veterans office and by attending the annual Veterans Service Officer training conference. Contractor will as the annual Veterans Service Officer training conference Expenses for mileage, accommodations and meals to attend the conference will be reimbursedlat the standard Eagle County rates. 1.6 Contractor has agreed to maintain office hours and to provide in- person services to veterans and others covered under C.R.S. §28 -5 -803 at least one day per month in Eagle. Contractor has agreed to otherwise provide veterans services by telephone on an as- needed basis. 2. Term of Agreement: 2.1 This Agreement shall commence on the agreement date first above written and subject to rovisions of Section 2.2 hereof, shall continue in full force and effect until December 31, 2012. 2.2 This Agreement maybe 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 clr is declared bankrupt or dissolves, County may declare in writing that this Agreement i$ terminated, and all rights of Contractor and obligations of County, except payment of accrued bit 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. 2.4 County agrees to provide office space and necessary supplies to contractor in the performance his duties for Eagle County veterans. 3. Independent Contractor: 3.1 With respect to the provision of the Contractor's Services hereunder, Contractor agrees to acc t the assignment of Eagle County Veterans Service Officer to provide providing Veterans Services to the County. Nothing in this Agreement shall be deemed to make Contractor an agent, emp oyee, partner or representative of County. 2 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 is 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 not to exceed $100.00 per month. 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. Fees will be invoiced no more frequently than monthly. Fees will be paid within thirty (30) days of receipt of a proper an invoice from Contractor. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 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 3 shall forthwith return such payment to County. Upon termination of this Agreement as hereinaft provided or expiration of the Term, any unexpended funds advanced by County to Contracto shall forthwith be returned to County. 4. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be ade to the County nor shall any payment be made to the Contractor in excess of the amount f any work done in respect of any period after December 31st of the calendar year of the Term f this Agreement, without the written approval in accordance with a budget adopted by the Bo rd of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Col rado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the T BOR 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, clai s and expenses, including reasonable attorney's fees, arising from claims of any nature wh soever 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 off 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) day notice to the Contractor. 6.2 1 All funds received by Contractor under this Agreement shall �' be or have been expended s lely for the purpose for which granted, and any funds not so expended, including funds lost o diverted for other purposes, shall be returned to County. 6.3 Contractor shall be responsible for the completeness and accuracy of the Veterans Service Off er services he provides. 6.4 1 Contractor shall comply with all applicable federal, state and local rules, regulations 4nd laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialin$ of those providing services under this Agreement. 4 • 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 Nola Nicholson Patricia Hammon P.O. Box 660 P.O. Box 1660 Eagle, CO 81631 Edwards, CO 81632 (970) 328 -8845 (970) 390 -4686 8. Insurance: 8.1 The Contractor will maintain liability, unemployment and workman's compensation insurance on his own behalf, as necessary. 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 party 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. 5 i O 11. M iscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject natter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 1 .2 This Agreement does not and shall not be deemed to confer upon or grant to any third part any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 1 .3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other rovisions hereof, and this Agreement shall be construed as if such invalid or unenforc able provision was omitted. 12. P ohibitions on Public Contract for Services: . I Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -1 1, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By exec tion of this Contract, Contractor certifies that it does not knowingly employ or contract with an i legal alien who will perform under this Contract and that Contractor will participate in the E -ve 'fy 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 emplo ent 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: htt .: / /www.dhs._ov /x / .rams /.c 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: 6 (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. 1/ SIGNATURE PAGE TO FOLLOW // 7 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, ounty anat -r Contractor By: .0L .Al Patricia Hammon STATE OF C I °'(�� U ) SS. COUNT 1i' OF L ' ✓l am The foregoing instrument was acknowledged before me by Q c , this 2`p ,- day of ( - De e , 2011. My com#nission expires: CI �Iz +`- Notary Public T INA ViGt� TARY PUB► -IC ro!":" E OF O LORADO 2014 M lssion Expires 091211 Y I I 8 EXHIBIT A SCOPE OF SERVICES Description of Services: The services provided shall be consistent with the Colorado Department of Human Service Rule Volume 11.500.2 (12 CCR 2511 -1) which states: The primary duty of the County Veterans Service Officer shall be to assist any resident of the State of Colorado who is a veteran or any other person who is entitled or potentially entitled to any right or benefit under Federal or State laws by virtue of their own veteran status or the veteran status of another person. This assistance shall be consistent with and in conformance to the rules governing the operation of the County Veterans Service Officer Program. Such County Service Officer shall cooperate with the State Division of Veterans Affairs and its staff members in all areas of the performance of his or her duties as defined Colorado Department of Human Service Rule Volume 11.500.3 (12 CCR 2511 -1) which states: A. Information - County Veterans Service Officers shall respond to all requests for information regarding veterans rights and benefits by giving accurate and complete information. He or she shall work to develop a knowledge of veterans programs, rights and issues by attendance at training conferences conducted by the Division of Veterans Affairs and by furnishing the local office with appropriate and current resource materials regarding veteran's programs (i.e., Code of Federal Regulations - 38, the I -S -1 Fact Sheet etc.). Additionally he or she should maintain and become familiar with these rules and the other portions of the Manual for the Operation of the County Veterans Service Officer Program. B. Outreach - County Veterans Service Officers shall engage in outreach activities within their counties. These activities should include public announcements of the office location and hours of operation (i.e., prominently located signs, media announcements etc.), attendance at meetings of veterans organizations and other community groups, contact /networking with other human service providers within the county (e.g., Job Service Centers, Mental Health Centers, Social Services), and cooperation with the Division of Veterans Affairs in the distribution of news releases to local media outlets and /or any other outreach activities requested by the Division of Veterans Affairs. C. Claims Assistance - He or she shall assist claimants in the proper completion of applications for veterans' benefits, assist in the development and securing of all evidence and documents necessary for the adjudication of claims and provide all other appropriate assistance or referral as requested by the Division of Veterans Affairs. 9 r D. Reporting She will complete the Colorado Department of Military and Veterans Affairs Ccunty Veterans Service Officers Monthly Report and Certification of Pay and submit to Eagle County on or before the 10th of each month to report contacts from the prior month. He or she will make available all records maintained and documentation coipleted in the course of performing Veterans Service Officer services upon the request of Eagle County. E. C operation with County Departments of Social Services - County Veterans Service Officers shall provide claims information and assistance to all individuals referred from couunty departments of social services. He or she shall also furnish accurate information reiSarding receipt of benefits or potential eligibility requests from the county departments. A ditionally, the County Veterans Service Officer shall cooperate with the Division of V terans Affairs in efforts to assist applicants for or recipients of state public assistance benefits, in applying for and securing federal veterans benefits. F. E uality of Service - County Veterans Service Officers shall provide uniform service and as istance to all individuals seeking their help, regardless of the race, color, creed, n ional origin, disability, gender or any other characteristic or belief of the claimant. G. Ethical Considerations - The County Veterans Service Officer shall always work in the b t interest of his or her clients. However, he or she should never counsel or be party to an attempt to submit fraudulent claims information or to participate in an attempt to d raud the federal, state or county government. He or she shall not engage in activities orlinterests which conflict with the best interest of his or her clients. He or she shall prptect the privacy of all confidential information in the files and records. . 10