HomeMy WebLinkAboutC02-154 John McCormick4 v -- i -
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
JOAN McCORMICK
THIS AGREEMENT, made this 4th day of June, 2002 by and between the County of Eagle,
State of Colorado, a body corporate and politic ( "County') and John McCormick hereinafter
"Contractor".
1. This Agreement shall commence on June 4 ", 2002 and shall end December 31" , 2002.
2. SCOPE
A. The county hereby contracts with the Contractor to provide counseling for Core Services and
WRAP program. Specifically the contract is for the performance of counseling directed toward
Intensive Family Therapy and Sexual Abuse Therapy to children and families in accordance with
the Staff Manual Volume 7, Section 7.303 Core Services Program.
B. Services Unit Cost - Services for Core Services and WRAP program will be purchased by the
County from the Contractor on a service unit basis. The service unit basis for counseling related
to Intensive Family Therapy, Sexual Abuse and WRAP program 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 Core Services. The County will advise the Contr actor
in writing of the authorized service plan within three working days
and service plan. of receipt of the certification
Agreement between EAGLE COUNTY
and John McCormick
PAGE 2
D. Access to Services -
i. Clients may only be referred to John McCormick from the Eagle County Health &
Human Services. A referral form and authorization for payment will be provided by the
County.
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.
3. TERMINATION: The County may terminate this Agreement upon ten (10) days written
notice to Contractor if 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 any other reason. Upon such
termination any unexpended funds shall be returned to the County. In addition, any funds not
properly expended according to project objectives shall be returned by Contractor to County.
In the event the Contractor becomes insolvent, 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
4. CONTRACTOR'S DUTIES
The Contractor shall comply with the following requirements:
A. All funds received by Contractor 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.
B. 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 upon 48 hours written notice to Contractor, for the purpose of evaluating
performance under this Agreement.
D. The Contractor shall comply with the applicable rules and laws governing the practice of
counseling in Colorado. The Contractor shall be solely responsible for ensuring proper licensing
and credentialing of those providing services under this Agreement.
E. The Contractor shall provide the County (ECDHHS) with reports on provision of services
within 30 days of enrollment or 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. Thereafter, at monthly intervals, Contractor shall submit reports that include progress
and barriers in achieving provisions of the treatment plan.
}
Agreement between EAGLE COUNTY
and John McCormick
PAGE
5. 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:
THE COUNTY: THE CONTRACTOR
Eagle County John McCormick
c/o Health & Human Services SSN 441 -44 -1218
P.O. Box 660
Eagle, CO 81631
417 Main Street Suite 2
Carbondale, CO 81623
Notices shall be deemed given three (3) days after the date of deposit in a regular depository of
the United States Postal Service.
6. ASSIGNMENT: The Contractor shall not assign any of its rights or duties under this
Agreement to a third party without the prior written consent of County. Any assignment without
the prior written consent of County shall cause this Agreement to terminate_
7. MODIFICATIONS:
Any revisions, amendments or modifications to this Agreement shall only be valid unless if in
writing and signed by all parties.
8. INSURANCE
At all times during the terms of this Agreement, Contractor shall maintain the following
insurance.
Tyne of Insurance
Workers' Compensation
Employers Liability, including occupational disease
Coverage Limits
Statutory
$500,000
Comprehensive Automobile Liability including all
owned, non -owned and hired Colorado vehicles
Comprehensive General Liability, including
broad form property damage.
Malpractice Insurance
$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.
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 Agreement.
9. 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.
Agreement between EAGLE COUNTY
and John McCormick
PAGE 4
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. 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 of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover its attorney's fees, and costs, staff time and any other claim related expenses.
D. The 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 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.
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 December. 31 of each calendar year during the term of this Agreement, without the
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).
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. This Agreement supersedes all previous communications, negotiations and/or agreements
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.
FkOM': Carbondale4Clay Centerl � RIN PHONE NO. : 979 963 2529 Jun. 06 2002 02:04PM P2
Agreement between EAGLE COUNTY
and John McCormick
PAGE 5
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.
114 j7 NI36S w'IIEREOr, the parties hereto have oxceutcd thin Agrccmcnt on the date act forth
above_ The parties hereto have signed this Agreement in triplicate. Two counterparts have been
delivered to the County and one to the Contractor.
County of Eagle, State of Colorado,
By and Through Its BOARD of COUNTY COMMISSIONERS
ATTEST:
BY:
Clerk o Board of
County Commissioners
j * Michael Gallagher, Ch an
atoa�� Eagle County Board o Commissioners
