HomeMy WebLinkAboutC12-245 Jennifer Glynn AGREEMENT BETWEEN EAGLE COUNTY
AND
JENNIFER GLYNN
This Agreement ( "Agreement ") dated as of this 1 day of May, 2012, is between the
County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of
County Commissioners ( "County "), and Jennifer Glynn, LCSW, CCFC with a mailing address
of 111 E. 3 Street -Ste 203, Rifle, CO 81650 ( "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, the use of outside providers enhances the ability of 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, 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 individual
and family counseling for Eagle County 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 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.
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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 until May
31, 2013.
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 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.
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4. Compensation:
4.1 For the Contractor's Services provided hereunder, County shall pay Contractor as
set forth in the attached Exhibit "A." In no event shall the compensation to Contractor for
Services under this Agreement exceed ten thousand dollars ($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 between the parties.
4.2 For reimbursement Contractor must submit invoices by the fifth business day of
each month. Invoices shall include a description of services performed and shall be
accompanied by any reports due under the terms of this Agreement and its Exhibit "A ". If
County is not satisfied with the completeness of a submitted invoice or report, County may
request Contractor to either revise the invoice or provide additional information to explain the
insufficiency of the invoice or report. Fees will be paid within thirty (30) days of receipt of a
proper and accurate invoice and timely submittal of all required reports 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).
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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.
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 social services professionals, with respect 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 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
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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 Jennifer Glynn, LCSW, CCFC
P.O. Box 660 111 E. 3 Street -STE 203
Eagle, CO 81631 Rifle, CO 81650
970 - 328 -8852 970 - 987 -1171
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, 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.
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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.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the p arties 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:
(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
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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 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).
(0 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
11 SIGNATURE PAGE TO FOLLOW
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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: ,,._ _
eit P. Montag, County Manager
CONTRACTOR
By: I A A d., ANL.
Jennife lynn, L i. CFC
Title: LCSW, CCFC
STATE OF OLi bl(a.d r
SS.
COUNTY OF Cinr Pi f
The foregoing instrument was acknowledged before me byJe11n1 - G \ ti ,, nn, this day
of A,1 , 2012
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EXHIBIT A
SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE
Description of Services: Provide individual and family counseling for Child Welfare clients
referred to Contractor by Eagle County in order to prevent unnecessary placement of children
and youth in out -of -home care, support family preservation, and assist in family reunification.
Additional Provisions:
1. Assessments and Planning. Contractor shall provide the County with an assessment and plan
within thirty (30) days of enrollment or participation in services by a family or child. This plan shall
include the treatment plan for the child's family, including specific objectives and target dates for
accomplishment. Such plan shall be subject to review and approval by County. Thereafter, at monthly
intervals, Contractor shall submit reports that include progress and barriers in achieving the goals and
provisions of the treatment plan. Reimbursement for services relating to the plan is subject to the
timely receipt of written assessment, plan, and reports.
2. Eligibility. County is responsible for determining the eligibility of each individual family for
services under this agreement. County shall advise Contractor in writing of the authorized service plan
within three (3) working days of receipt of the certification and service plan. There shall be no payment
for services provided without prior authorization for such services by the County. Such authorization
shall include the level of services to be provided, the nature and type of services provided and the time
frames in which these services are to be provided.
3. Mandatory Reporting. Contractor shall notify HHS immediately of all reports of suspected child
abuse or neglect involving Contractor, including, but not limited to, employees, volunteers and clients.
HHS contractors are considered to be mandatory reporters for suspected child abuse and neglect and
are to make those reports directly to HHS Youth and Family Services Division - (970) 328 -8840.
Payment and Fee Schedule: County will compensate Contractor for performance of Services as follows:
(1) Face to face contact with the client family or HHS representatives - $75 per hour; (2) Case coordination -
$35 per hour. Payment may be withheld if reports are not timely received as required by Paragraph 1 of this
Exhibit A.
•
The maximum contract amount is not to exceed $10,000
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