No preview available
HomeMy WebLinkAboutC03-031 Karen La Joy Smith AGREEMENT BETWEEN JAN 1 ~ 2003 THE COUNTY OF EAGLE, STATE OF COLORADO AND HEALTH ~ hUiu,~i'~ :~~nV'iC~S Karen La Joy Smith THIS AGREEMENT made this 14h day of January, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, ("County's and, Karen La Joy Smith, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on January 1, 2003 and shall end on December 31, 2003. 2. SCOPE: The Contractor will provide: > services that stabilize family life and promote self-sufficiency, specifically family and interpersonal communication skill building. > intensive family centered services to prevent out of home placement. The services will be reimbursed at the rate of $ 60 per hour for client family or staff consultation face to face contact. Time spent in travel to and from a client family home for professional service will be reimbursed at the rate of $20/hour. Mileage in travel from the office to a client family home for professional services will be reimbursed at the rate of .345 cents per mile. 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. The County is responsible for the determination of family eligibility for services. The County will advise the Contractor iri writing of the authorized service plan within three working days of receipt of the certification and service plan. There shall be no payment for services provided without prior written 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. 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. An additional fee maybe 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, except for families referred for service through the Early Head Start program of the County. Clients who do not appear for their scheduled appointment shall be responsible to pay the full cost of that appointment. Contract between Eagle County and Karen La Joy Smith • Page 2 3. TERNIINATION: 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 declaze 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 funds-not so expended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate financial and programmatic records for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and maybe 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. The Contractor hereby authorizes the 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. The Contractor will allow access to and cooperate with authorized Health & Human Services representatives in the observation and evaluation of the program and records. C. Customer Service/Termination : In rendering its services, Contractor shall comply with the highest standazds of customer service to the public. Contractor shall maintain a close check over its employees to ensue the maintenance of these high standazds of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of the County. In the event that the County finds these standards of customer service are not being met by the Contractor, the County may temunate this Contract, in whole or in part, upon providing thirty (300 days notice to the Contractor. D. The Contractor shall comply with all applicable rules and laws governing licensing of behavioral health providers in Colorado. The Contractor shall comply with all applicable rules and laws governing eligibility for services and allowable costs under the Colorado WORKS program. The Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. Contractor shall provide the County with a written report within thirty (30) days of request of services. Such report shall include a service plan for the child's family including specific objectives and tazget dates for accomplishment. The service plan shall be subject to review and approval by County. Thereafter, at monthly intervals, the Contractor shall submit reports that include progress and barriers in achieving the goals and provisions of the service plan. Agreement between Eagle County and Karen La Joy Smith • Page 3 F. Contractor shall comply with the requirements of the Civil Rights Act of 1964; the Age Discrimination Act of 1975, as amended; Title II of the Americans with Disabilities Act of 1964 as amended; and, Section 504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap; and the provisions of the Colorado Department of Human Services Agency Letter GEN-02-OS-I, dated December 16, 2002, which by signing this agreement the Contractor acknowledges receiving. G. Contractor shall assure that the service described herein is provided to the County at cost not greater than that charged to other persons in the same community. H. Contractor shall safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and Eagle County Health. and Human Services. I. The Contractor will notify Eagle County Health & Human Services immediately of all reports of suspected child abuse or neglect involving the Contractor, including, but not limited to, employees, volunteers and clients. Health & Human Services contractors are considered to be "mandatory reporters" for suspected child abuse and neglect and are to make those reports directly to Eagle County Health & Human Services -Adult and Family Services Division - (970) 328-8840. J. The Contractor will provide information to all TANF eligible participants on the following: Food Stamps -Every participant must be informed that they are categorically eligible to receive at least some services and should be referred to Eagle County Health & Human Services for more information on application for benefits. Medicaid -Every participant must be informed that they maybe eligible and should be referred to Eagle County Health & Human Services for more information on application for benefits. Disabilities and other Barriers -The Contractor must inform participants that they can visit the Eagle County Health & Human Services offices to receive an assessment and appropriate services that may better work with their disabilities or other barriers. Appeal Rights -The Contractor must provide participants with notice of their right to appeal to the Eagle County Department of Human Services. The Contractor will keep a record of all participants served for documentation in case of an appeal. K. The Contractor shall submit monthly billings to the County. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day of the subsequent month in order to be eligible for reimbursement, except that billings for services provided through June 30, 2003 must be submitted by July 3, 2003 in order to be eligible for reimbursement. L. Contractors shall participate in an annual training provided by the County regarding program requirements and eligibility; child abuse and neglect reporting; and, financial and program reporting to the County. Agreement between Eagle County and Page 4 Karen La Joy Smith 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 Health & Human Services Karen La Joy Smith Post Office Box 660 123 Emma Road, Suite 204 C Eagle, CO 81631 Basalt, CO 81621 Notice 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. MODIFICATION Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. 8. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Tune of Insurance Coverage Limits Professional Liability Insurance $ 500,000 per occurrence 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 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. Neither party may assign or 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, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. Agreement between Eagle County and Page 5 Karen La Joy Smith 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 or unenforceable provision was omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its 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, including but not limited to attorney fees, incident thereto which may accrue against, be charged to or be recoverable from the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, 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 Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31st 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 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. 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. v Agreement between Eagle County and Karen La Joy Smith Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have been delivered to County and one to the Contractor. COUNTY OF EAGLE, STATE OF By and thro s Bo d f County ®b~~co a~ By. Chairman ,~ ~~r ~ to the Board of • CONTRACTOR: Karen La Joy Smith ~~~ Title: