HomeMy WebLinkAboutC02-032 Karen LaJoy SmithAGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
KAREN La JOY -SMITH
THIS AGREEMENT, made and entered into this day of January, 2002 by and between
the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate
and politic (hereinafter referred to as the "County ") and Karen La Joy - Smith, (hereinafter
referred as the "Contractor ").
WITNESSETH:
THAT, in consideration of the mutual promises, covenants and conditions contained herein, the
parties hereto agree as follows:
1. SCOPE
A. The county hereby contracts with the Contractor for services that stabilize family life and
promote self sufficiency. Specifically the contract is for the performance of counseling directed
toward family and interpersonal communication and skill building.
B. Services Unit Cost - Services that stabilize family life and promote self - sufficiency will be
purchased by the County from the Contractor on a services unit basis. The service unit basis for
counseling services related to family and interpersonal communication skills is $60 /counseling
hour.
Non - reimbursable activities include:
> Participation in child protection, community treatment team for staffings.
> Travel, except to provide in -home services.
> Paperwork and other in- direct administrative time.
> Supervision or staff development activities.
An additional fee may be assessed by the Contractor not to exceed the difference between the
amount of subsidy under this Agreement and the fee under the Contractor's Uniform Ability to
Pay Scale.
C. Eligibility for Purchase of Service - The County is responsible for the determination of family
eligibility according to the Eagle County WORKS plan and the requirements for Title IVA -EA
services established by the federal government. The Contractor will have the family complete
and sign a "Certification for Emergency Assistance" form provided by the County. The
Contractor will forward the original certification and a proposed services plan to the County
(Health & Human Services designee) for review of the eligibility and authorization of a purchase
of service. The County will advise the Contractor in writing of the authorized service plan within
three working days of receipt of the certification and service plan.
Agreement between EAGLE COUNTY
and Karen La Joy -Smith
PAGE 2
Persons eligible for purchase under this agreement are children and families who are not eligible
for services coverage under Medicaid, Medicare; Employee Assistance or Health Insurance
programs and whose gross income does not exceed $ 75,000 /year. Children and or their families
must be citizens of the United States or resident aliens. Children must be residing with parents
or relatives of the 5th degree of kinship. An "emergency" must exist that impacts the ability of
the family to care for their children.
D. Access to Services-
i. Clients may be referred to Karen La Joy -Smith from the Eagle County Health & Human
Services. A referral form and authorization for payment will be provided by the County.
ii. Clients may contact the Contractor directly for services and request assistance with the
cost of counseling services.
E. Billing for Services - The Contractor shall submit to the County a monthly statement of
services provided to authorized client families. There shall be no payment for services
provided without prior authorization for such services by the County. Such authorization
shall include the amount of services to be provided, the scope of services provided and time
frames in which these services are to be provided. Payment for authorized services will be
made by the County in accordance with its usual bill paying cycle.
2. PERIOD OF AGREEMENT
A. The term of this Agreement shall commence January 1, 2002 and end December 31, 2002.
However, the County may terminate the contract between the County and the Contractor
(therefore terminating this Agreement) on 10 days' notice of it is deemed by the County that the
Contractor is not fulfilling the program as specified in this agreement, or for other sufficient
reasons. Any unexpended funds may be required to be returned to the County as well as any
funds not properly expended according to project objectives.
Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared
bankrupt, or dissolves, the County may declare in writing that this Agreement is terminated, and
all rights of the Contractor and obligations of the County shall terminate and cease immediately.
3. CONTRACTOR'S DUTIES
The Contractor shall comply with the following requirements:
A. All funds received under this Agreement shall be expended solely for the purpose for which
granted, and any such funds not so expended, including funds lost or diverted to other purposes,
will be returned to the County.
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Agreement between EAGLE COUNTY
and Karen La Joy -Smith
PAGE 3
B. The Contractor shall maintain adequate records of matching expenditures for reporting to the
County. The Contractor shall maintain all records pertaining to this Agreement for a minimum
of three years and may be subjected to an audit by federal, state, or county auditors or their
designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall return
said misused funds to the County.
C. The Contractor authorizes the County to perform audits and to make inspections during
normal business hours at the convenience of the parties, with 48 hours written notice, for the
purpose of evaluating performance under this Agreement.
D. The contractor shall be responsible for complying with the applicable rules and laws
governing the practice of counseling in Colorado; and the Contractor shall be solely responsible
for ensuring proper licensing and credentialing of those providing services under this Agreement.
4. NOTICE
Any notice provided for herein shall be given in writing by registered or certified mail, return
receipt requested, which shall be addressed as follows:
THE COUNTY: THE CONTRACTOR
Eagle County Karen LaJoy -Smith
c/o Health & Human Services Tax ID 121 -46 -6749
P.O. Box 660 123 Emma Rd. Suite 204C
Eagle, CO 81631 Basalt, CO 81621
Mail notices will be deemed given 3 days after the date of deposit in a regular depository of the US Postal Service
5. MODIFICATION /ASSIGNMENT
The contractor shall not assign any rights or duties under this Agreement to a third party without
the written consent of the County, which shall determine the acceptability of the third party to the
County. Any effort to effect such an assignment without the written consent of the County will
terminate the Agreement immediately at the option of the County. This contract shall not be
modified unless agreed to in writing by the parties.
6. INSURANCE
At all times during the terms of this Agreement, Contractor shall maintain the following
insurance.
Type of Insurance
Workers' Compensation
Employers Liability, including occupational disease
Comprehensive Automobile Liability including all
owned, non -owned and hired Colorado vehicles
Comprehensive General Liability, including.
broad form property damage.
Malpractice Insurance
Coverage Limits
Statutory
$500,000
$150,000 per person and $600,000
per occurrence or as specified in the
Government Immunity Act, which ever is
greater.
$150,000 per person and $600,000
per occurrence or as specified in the
Colorado governmental Immunity Act,
whichever is greater.
$500,000 for each claim.
Agreement between EAGLE COUNTY
and Karen LaJoy -Smith
PAGE 4
The Contractor shall purchase and maintain such insurance as required above and shall
provide certificates of insurance in a form acceptable to Eagle County upon execution of the
contract.
7. MISCELLANEOUS
A. The parties of this Agreement intend that the relationship of the Contractor to the County is
that of an independent contractor. No agent, employee or volunteer of the Contractor shall be
deemed to be an agent, employee or volunteer of the County.
B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the
County and their respective heirs, legal representatives, executors, administrators, successors and
assign, provided, however, that neither party may assign nor delegate any of its rights or
obligations hereunder without first obtaining the written consent of the other party.
C. In the event that a dispute should arise relating to the Agreement, and should that dispute
result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable
costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses.
D. The invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid and
unenforceable provisions were omitted.
E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and
the individual members thereof, its Commissions, agencies, departments, officers, agents,
employees, servants, and its successors from any and all demands, losses, liabilities, claims or
judgements, together with all costs and expenses incident thereto which may accrue against, be
charged to or be recoverable from the County, its Board of County Commissioners, and the
individual members thereof, its commissions, agencies, departments, officers, agents, employees
or servants and its successors, as a result of the acts or omissions of Contractor, its employees or
agents, in or in part pursuant to this Agreement or arising directly or indirectly out of
Contractor's exercise of its privileges or performance of its obligations under this Agreement.
F. The Contractor shall comply with all applicable laws, resolutions, and codes of the State of
Colorado and Eagle County.
G. Notwithstanding anything to the contrary contained in this contract, the County shall have no
obligations under this agreement, nor shall any payment be made to Contractor in respect of any
period after any December 31 of each calendar year during the term of this agreement, without
any appropriation therefor by the County 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. ยง29 -1 -101 et seq.) And the
TABOR Amendment (Colorado Constitution, Article X, Sec.20).
Agreement between EAGLE COUNTY
C2
and Karen La Joy -Smith
PAGE 5
H. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and
venue for any suit, right or cause of action arising under, or in connection with this Agreement
shall be exclusive in Eagle County, Colorado.
I. Integration. This Agreement supersedes all previous communications, negotiations and/or
contracts between the respective parties hereto, either verbal or written, and the same not
expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement
and there are no representations about any of the subject matter hereof except as expressly set
forth in this agreement.
J. Contractor hereby certifies that it has read the agreement, understands each and every term and
the requirements set forth herein, and agrees to comply with the same.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
2002. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has
been delivered to the County and the Contractor.
County of Eagle, State of Colorado,
By and Through Its BOARD of COUNTY COMMISSIONERS
CONTRACTOR:
TITLE:
Joy -Smith
Alu
