HomeMy WebLinkAboutbocc.con.132.2016 7'2015 Ljm
9ØKIN Pitkin County
COUNT4 Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement_help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 132.2016
Project Name Core Services—Family Preservation Program
Contractor Family Visitor Program
Budget Line Item Click here to enter text.
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date 3/1/2016
Contract End Date 1/31/2017
Automatic Renewal Yes El No®
If Construction: Retainage Click here to enter text.
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Human Services
Project Manager Dubois Project Manager 970-249-2043
Phone
Provide a brief description of the contract:
Provision of therapeutic core services to children,youth and families who are enrolled in Pitkin County
Prevention or Intervention through Adult and Family Services Core Services Program
Contract Value Summary:
Contract Amount $4,000.00
This Change order/Amendment amount(if applicable)
New Contract Total
Procurement Method:
None ► Informal CI Formal ❑ Sole Source ❑ Emergency❑ Contract Renewal ❑
Contract Type:
Services/Maintenance ►4 Construction ❑ Goods,Equipment, Supplies El
Change Order/Amendment 0 Other,please explain 0 Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
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Contract#:Not required , 7Y ( C 1
Budget Line Item#: 132.2016 TT"
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CONTRACT FOR PROVISION OF SERVICES FOR HEALTH AND HUMAN SERVICES
Core Services—Family Preservation Program
(Pitkin County Contract funded through Colorado Department of Human Services)
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Family Visitor Program, 401 23"1 Street #204, Glenwood Springs,
CO 81601 (hereinafter"Contractor").
1. Term. The term of this contract is from March 1,2016 to January 31, 20161 At the expiration f__13,/4
of the initial term, the contract may be extended for an additional term of 2 years by the
express written consent of both parties.
2. Contractor's Obligations. County agrees to purchase and the Contractor agrees to provide
therapeutic Core Services Core Service) to children, youth and families who are enrolled in
Pitkin County Prevention or Intervention through Adult and Family Services Core Services
Program at a location agreeable for all parties (in home services, community based services
and/or in professional office locations).
At location as shall facilitate the provision of such services. This service is described in Rule
Manual Volume 7, Section 7.303.11 and 7.303.13, and, if appropriate, the State approved
County Core Service Plan.
County agrees to purchase and Contractor agrees up to and/not to exceed contractual amount
of 4000.00/year at the cost of$35.00-100.00 per unit(depending on service).
The parties agree that the Contractor's relationship to the County is that of an independent
contractor.
The parties agree that payment pursuant to this Contract is subject to and contingent upon the
continuing availability of funds for the purpose thereof.
Contractor further agrees to the following:
a. Not to assign any provision of this Contract to a Subcontractor.
b. Not to charge clients any fees related to services provided under this Contract.
c. To hold the necessary license(s) which permits the performance of the services to be
purchased, and/or to meet applicable Colorado Department of Human Services
qualification requirements.
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d. To comply with the requirements of the Civil Rights Act of 1964 and Section 504
Rehabilitation Act of 1973 concerning the discrimination on the basis of race, color, sex,
age,religion,political beliefs,national origin, or handicap.
e. To provide the service described herein at cost not greater than that charged to other
persons in the same community.
f. To submit a billing statement in a timely manner, no later than forty-five (45) days after
services. Failure to do so may result in nonpayment.
g. To safe guard information and confidentiality of the child and the child's family in
accordance with rules of the Colorado Department of Human Services and the County
Department of Social Services.
h. To provide Countywith reports on the provision of services as follows:
a. Within 4 weeks of enrollment/participation, submission of a treatment plan for the
child/child's family with specific objectives and target dates. The treatment plan is
subject to county approval.
b. At intervals of 1 time/month, from the time of enrollment/participation, submit
reports that include progress and barriers in achieving provisions of the treatment
plan.
i. To provide access for any duly authorized representative of the County or the Colorado
Department of Human Services until the expiration of five (5) years after the final
payment under this Contract, involving transactions related to this Contract.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule referenced in
Paragraph 2. It is expressly understood and agreed that in no event will the total compensation
and reimbursement to be paid hereunder exceed the sum of $ x()00.00 for all services 2t 14
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rendered. By contract or amendment, the County and Contractor r4ay reallocate the budget
among project tasks if the total budget amount remains unchanged. Contractor shall invoice for
the project monthly based on hours worked, with payment expected within thirty (30) days of
invoice, but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
All payments will be paid through the State's approved automated system, as appropriate.
Core Services Program expenditures will not be reimbursed when the expenditures may be
reimbursed by some other source. (As set forth in Rule Manual Volume 7, at 7.414, B(12 CCR
2509-5).
4. Pitkin County's Obligations. County agrees to the following:
a. To determine child eligibility and as appropriate, to provide information regarding rights
to fair hearings.
b. To provide Contractor with written prior authorization on a child or family basis for
services to be purchased.
c. To provide Contractor with referral information including name and address of family,
social, medical,and educational information as appropriate for the referral.
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d. To monitor the provision of contracted service
e. To pay Contractor after receipt of billing statements for services rendered satisfactorily
and in accordance with this Contract.
5. Termination Prior to Expiration of Contract Term. The County has the right to terminate this
contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten
(10) days before the effective date of such termination. In such event all finished or
unfinished documents, data, studies and reports prepared by the Contractor pursuant to this
contract shall become the County's property. Contractor shall be entitled to receive
compensation in accordance with the contract for any satisfactory work completed pursuant
to the terms of this contract prior to the date of termination. Notwithstanding the above,
Contractor shall not be relieved of liability to the County for damages sustained by the
County by virtue of any breach of the contract by the Contractor.
6. Independent Contractor status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or
servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin
County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term
of this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standards of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal,state,FICA and other income taxes.
7. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon
the parties hereto.
8. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations,representations,or contract,either written or
oral. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. Contractor to be performed hereunder. Such changes, including the increase or
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decrease in the amount of the Contractor's compensation, which are mutually agreed upon
between the County and the Contractor, shall be in writing and upon execution shall become
part of this contract.
9. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project,hereinafter referred to
as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions,
loss,damage,expense,cost or claims of any character or any nature arising out of the work done
in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the
Contractor will be responsible for primary loss investigation, defense and judgment costs where
this contract of indemnity applies. In consideration of the award of this contract, the Contractor
agrees to waive all rights of subrogation against the County its subsidiary, parent, associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,
and volunteers for losses arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
10. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, his
agents,representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract. The County in no way warrants that
the minimum limits contained herein are sufficient to protect the Contractor from liabilities that
might arise out of the performance of the work under this contract by the Contractor,his agents,
representatives,employees or subcontractors and Contractor is free to purchase additional
insurance as may be determined necessary.
A. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An excess liability policy or umbrella liability
policy may be used to meet the minimum liability requirements provided that the coverage is
written on a"following form"basis.
1. Commercial General Liability—Occurrence Form
Policy shall include bodily injury,property damage and broad form contractual liability
coverage.
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a. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
b. The policy shall be endorsed to include the following additional insured language:
"County,its subsidiary,parent,associated and/or affiliated entities, successors,or
assigns,its elected officials,trustees,employees,agents, and volunteers shall be named
as additional insureds with respect to liability arising out of the activities performed by,
or on behalf of the Contractor".
Minimum Limits:
General Aggregate $ 1,000,000
Products/Completed Operations Aggregate $ 1,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
2. Automobile Liability
Bodily Injury and Property Damage for any owned,hired, and non-owned vehicles used in
the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
3. Worker's Compensation and Employers'Liability
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 100,000
$ 100,000
$ 500,000
a. This requirement shall not apply when a contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such contractor or subcontractor
executes the appropriate independent contractor form.
4. Professional Liability(Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions
defined in the Scope of Services of this contract. In the event that the professional liability
insurance required by this Contract is written on a claims-made basis, Contractor warrants
that any retroactive date under the policy shall precede the effective date of this Contract;
and that either continuous coverage will be maintained or an extended discovery period will
be exercised for a period of two (2)years beginning at the time work under this Contract is
completed.
Minimum Limits:
Per Loss $ 1,000,000
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Aggregate $ 2,000,000
5. Third Party Fidelity/Crime Insurance(including coverage for theft and
mysterious disappearance)
Limits:
Per Loss $ 100,000
a. The policy shall include coverage for all directors, officers, agents and employees of the
Contractor.
b. The policy shall name the County and their clients as loss payee where as their interests
may appear.
c. The policy shall not contain a condition requiring an arrest and conviction.
d. Policies shall be endorsed to provide coverage for computer crime/fraud.
B. Additional Insured Requirements: The policies shall include,or be endorsed to include,the
following provisions:
1. On insurance policies where the County is named as an additional insured,the County shall
be an additional insured to the full limits of liability purchased by the Contractor even if those
limits of liability are in excess of those required by this Contract.
C. Notice of Cancellation: Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,voided or canceled
except after thirty(30)days prior written notice has been given to the County,except when
cancellation is for non-payment of premium,then ten(10)days prior notice may be given. Such
notice shall be sent directly to County Representative. If any insurance company refuses to
provide the require notices,the Contractor or its insurance broker shall notify the County of any
cancellation, suspension,non-renewal of any insurance within seven(7) days of receipt of
insurers' notification to that effect.
D. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to
do business in the state of Colorado and with an"A.M. Best"rating of not less than A-VII. The
County in no way warrants that the above-required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. Verification of Coverage: Contractor shall furnish the County with certificates of insurance
(ACORD form or equivalent approved by the County)as required by this Contract. The
certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the County
before work commences. Each insurance policy required by this Contract must be in effect at or
prior to commencement of work under this Contract and remain in effect for the duration of the
project. Failure to maintain the insurance policies as required by this Contract or to provide
evidence of renewal is a material breach of contract.
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All certificates required by this Contract shall be sent directly to County Representative. The
County project/contract number and project description shall be noted on the certificate of
insurance. The County reserves the right to require complete, certified copies of all insurance
policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF
INSURANCE TO THE RISK MANAGEMENT DEPT.
11. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of
three(3)years after final payment under the contract and the County shall have the right within
the three (3) year period to inspect and audit these books, records and documents, upon
demand, in a reasonable manner and at reasonable times, for the purpose of determining, by
is accepted accounting and auditing standards, compliance with all provisions of the contract and
applicable law.
12. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively
in the courts of Pitkin County, Colorado.
13. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms
(presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq.,
C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its
officers, agents or employees. Further, nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other
misconduct of the County or its agent or employees.
14. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to
Pitkin County's annual right to budget and appropriate the sums necessary to provide the
services set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin
County. No provision of the contract shall be construed or interpreted as creating a
multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within
the meaning of any constitutional or statutory debt limitation. This contract shall not
directly or indirectly obligate Pitkin County to make any payments beyond those
appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall
be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor
shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any
obligations payable from any class or source of Pitkin County's money.
15. Notice. Any written notice required by this contract shall be deemed delivered through any
of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimilewith confirmation of receipt to the fax number below; or (3) within three (3) days of
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being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
To: Pitkin County with copies to:
Kim DuBois Pitkin County Attorney's Office
0405 Castle Creek Rd 530 E. Main Street,#302
Suite#8 Aspen,Colorado 81611
Aspen, Colorado 81611 Fax: (970) 920-5198
Fax: (970)544-1850
B. To: Sandy Swanson,Director
Family VisitorsProgram311
Glenwood Springs, CO 81601
(970)945-1245
16. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with
the provisions of C.R.S. § 8-17.5-101 and 102,as amended and C.R.S. § 24-76.5-101, as
amended.
A. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the public contract for services.
B. Contractor shall not 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.
C. Contractor has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services through
participation in either the E-Verify Program or the Department Program.
D. Contractor shall use either the E-Verify Program or the Department Program
procedures to undertake pre-employment screening of job applicants while the public
contract for services is being performed.
E. Should Contractor obtain actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an
illegal alien, Contractor shall be required to:
1. Notify the subcontractor and the County within three days that the contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien;
2. Terminate the subcontract with the subcontractor if within three days of
receiving the required notice 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 the subcontractor provides information to establish
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that the subcontractor has not knowingly employed or contracted with an illegal
alien;
F. Contractor shall comply with any reasonable request by the department made in the
course of an investigation that the department is undertaking pursuant to C.R.S. 8-17.5-
102(5).
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR: PITKIN COUNTY,COLORADO:
Blitt &- By: 2I a/,
Date-2- -2-Loi/4O Authorized Signer Date
Title
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Services
f•tTKIN COUNTY 0001E3
Pitkin County Adult and Family Services
General Guidelines/Expectations
Therapist/Counselor/Other Core Provider `w
(Service Delivery Area includes Pitkin County and Eagle County--El Jebel and Basalt)
Pitkin County Adult and Family Services staff will refer individuals/families as needed for therapeutic
services after consulting with Adult and Family Services Child Welfare Supervisor regarding appropriate
referrals.
Pitkin County Adult and Family Services will:
1. Obtain approval from Child Welfare Supervisor to request services(Core authorization
including service needs and time frame)
2. Have phone conference to discuss referral to determine need and availability with Contractor.
Discussion to consider the following:
a. Provide a brief history of situation
b. To create best strategy to approach the situation (i.e.,Cultural needs, Crisis,Court
Involved,Family Meetings,and any implications regarding ongoing needs)
c. Determine next steps
Contractor will:
1. Provide Therapy intervention,and specifically:
■ Conduct self in professional and respectful manner with families and partners
congruent with Pitkin County Mission(attached)
■ Have or develop an understanding of the sensitive and unique nature of Child
Welfare situations. Preferably have knowledge overall understanding of Child
Welfare Practices and Prevention Services.
■ Participate in Family Engagement Meetings as part of a collaborative team
decision making process with parents/family members as the key stakeholder
• Participate in Core Services Provider Team Meeting on an Annual basis
2. Debrief/provide ongoing feedback to AFS team regarding interactions regarding cultural issues,
approaches and/or other observations that can improve practice with individuals and families.
3. Sign confidentiality statement.(Attached). All communication is confidential and only shared
with parents who request records or through a direct subpoena through Judicial Process directly
to Pitkin County Adult and Family Services.
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' tAil Services
PITKIN OUN Y CARES
PITKIN AND EAGLE COUNTY(El Jebel and Basalt)HUMAN SERVICES
GENERAL CONFIDENTIALITY AGREEMENT
earri
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1, y ArdP. Qilb (rnv fr�111'�ia I/{�✓tior A.Linderstand that any and
all information obtained while working in conjunction with itkin and Eagle County(El Jebel and Basalt)
Human Services that relates to clients,client records,and actions of the Department, is to be held in
absolute confidence and is not to be discussed with or otherwise disclosed to anyone other than authorized
staff of the Department. This includes all information despite format such as electronic,paper,verbal,or
other medium not specifically outlined within this agreement. Authority to release information to clients,
legal representatives or the Court is restricted to the Director of Health and Human Services or designee.
1 agree to abide by this understanding and accept that any violation of this agreement of confidentiality
will be grounds for disciplinary action and/or termination of employment or volunteer status with the
Department.
My signature indicates that I have carefully read and fully understand this agreement.
r�gym' 51c r RibArcurns a/ato b
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Employee/Contractor Printed Name Date
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Employee/Contractor Signature Date
•
Reviewed with Pitkin/Eagle Manager or Director(Signature) Date