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HomeMy WebLinkAboutC02-059 Catherine Zakoian - HHSG 0—-` 0. V1. AGREEMENT BETWEEN MR 0 7 2002 THE COUNTY OF EAGLE, STATE OF COLORADO AND &HU ►a(CI CATHERINE ZAKOIAN) M, q . j? C, qr- VI-CO, I- ' THIS AGREEMENT, made and entered into this dayofFebriwry,2002byand 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 Catherine Zakoian,(hereinafter referred as the "Contractor "), M A PC. c y 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. <. C Agreement between EAGLE COUNTY and Catherine Zakoian 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 5h 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 Catherine Zakoian 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. This Agreement shall commence February 1, 2002 and end December 31, 2002. However, the County may terminate the contract between the County and the Contractor on 10 days' notice of it is deemed by the County in its sole discretion 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. 0 M w: Agreement between EAGLE COUNTY and Catherine Zakoian 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 c/o Health & Human Services P.O. Box 660 Catherine Zakoian Cr c- :SSN 14, = 43q P.O. Box 23 Eagle, CO 81631 Vail, CO, 81632 Mailed notices will be deemed given 3 days after the date of deposit in a regular depository of the US Postal Service 5. MODIFICATIONS /ASSIGNMENT The contractor shall not assign any rights or duties under this Agreement to a third party without the prior written consent of the County. Any effort to effect such an assignment without the prior written consent of the County will terminate the Agreement immediately at the option of the County. This agreement shall not be amended, revised or modified unless agreed to in writing by all 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 Innnunity Act, whichever is greater. $500,000 for each claim C I C, Agreement between EAGLE COUNTY and Catherine Zakoian 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 to 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 assigns, 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 but limited to, 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 judgments, together with all costs and expenses incident thereto including attorney fees 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. §29 -1 -101 et seq.) And the TABOR Amendment (Colorado Constitution, Article X, Sec.20). ME Agreement between EAGLE COUNTY and Catherine Zakoian 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 the Eagle County Courts, 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 coun a has been delivered to the County and the Contractor. ATTEST: BY: Clerk of the Board of County Commissioners County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY CONOMSSIONERS CONTRACTOR: Catherine Zakoian) MA 1 P.0 . C2Vr TITLE: r dG QEWRALIE I. Contract Book 2. ----------- — 3. 4. E-Omfes —10. L Accounting 2.