HomeMy WebLinkAboutC09-220 Joel Karrw
R .
_. ~
AGREEMENT BETWEEN EAGLE COUNTY
AND
JOEL KARR
~~:; ~
This Agreement ("Agreement") dated as of this ;~~~"' day of t.~ t{ , 2009, is between
the County of Eagle, State of Colorado, a body corporate and politic~k~y ` d through its Board of
County Commissioners ("County"), and Joel Karr, with a mailing addre~s of 48 Casa Del Monte
Ct., Glenwood CO, 81601 ("Contractor").
WHEREAS, the County, through its Department of Health and Human Services
("HHS"), works to promote the health, safety and welfare of County residents of all ages; and
WHEREAS, County provides various services to Eagle County residents in order to
promote health, safety and welfare; and
WHEREAS, to enhance the ability of the County to provide these services, County is in
need of an organization to provide the services outlined in Section 1.1 hereunder; and
WHEREAS, County wishes to hire Contractor to perform the tasks associated with such
services outlined in Section 1.1 hereunder; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of
the responsibilities of the Contractor in connection with the services and related terms and
conditions to govern the relationship between Contractor and County in connection with the
services.
AGREEMENT
NOW THEREFORE, based upon the representations by Contractor set forth in the
foregoing recitals, for good and valuable consideration, including the promises set forth herein,
the parties agree to the following:
5cope of Services:
l.l The Contractor will provide the services more particularly set forth in the attached
Exhibit "A" labeled Scope of Services (hereinafter called "Contractor's Services") incorporated
herein by reference. The Contractor's Services are generally described as providing individual
and family counseling for Child Welfare clients to prevent unnecessary placement of children
and youth in out-of-home care, support family preservation, and assist in family reunification.
1.2 Any revision, amendment or modification of this Agreement shall be valid only if
in writing and signed by all parties. Except as may be expressly altered by the amendment, all
terms and conditions of this Agreement shall control. To the extent the terms and conditions of
this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms
and conditions of this Agreement shall control.
1.3 The Contractor agrees that Contractor will not knowingly enter into any
arrangement per se with third parties that will conflict in any manner with this Agreement.
~ r~. ci'~~j~~
~
~
1.4 Contractor has given the County a proposal for performing the Services and
represented that it has the expertise and personnel necessary to properly and timely perform the
Services.
2. Term of Agreement:
2.1 This Agreement has been fully executed on the agreement date first above written
and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect for a
period of one (1) year commencing with the effective date of this Agreement. All terms and
conditions of this executed Agreement shall apply retroactively to all the work commenced on January 1,
2009. This Agreement may be extended beyond the time referred to in this Section 2.1 by a
Renewal Agreemerit fully executed by both parties hereto.
2.2 This Agreement may be terminated by either party for any reason with 15 days
written notice, with or without cause, and without penalty. In the event the Contractor files for
bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this
Agreement is terminated, and all rights of Contractor and obligations of County, except payment
of accrued but unpaid fees set forth in Section 2.3 hereof, shall terminate immediately.
2.3 In the event of any termination of this Agreement, Contractor shall be
compensated for all incurred costs and hours of work then completed, plus approved expenses.
3. Independent Contractor:
3.1 With respect to the provision of the Contractor's Services hereunder, Contractor
acknowledges that Contractor is an independent contractor providing Contractor's services to the
County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee,
partner or representative of County.
3.2 The Contractor shall not have the authority to, and will not make any
commitments or enter into any agreement with any party on behalf of County without the written
consent of the Board of County Commissioners.
3.3 The Contractor and its employees are not entitled to workers' compensation
benefits through the County. The Contractor is solely responsible for necessary and adequate
workers' compensation insurance and shall be responsible for withholding and paying all federal
and state taxes. The Contractor and its employees are not entitled to unemployment insurance
benefits unless unemployment compensation coverage is provided by an entity other than the
County. The Contractor hereby acknowledges full and complete liability for and timely payment
of all local, state and federal taxes. imposed including, without limitation, tax on self-employment
income, unemployrnent taxes and income taxes.
4. Compensation:
~.1 For the Contractor's Services provided hereunder, County shall pay to the
Contractor a fee as set forth in the attached Exhibit "A." Contractor will not be entitled to bill at
overtime and/or double time rates for work done outside normal business hours unless
-'
~
specifically authorized to do so by County. Fees for any additional services will be as set forth
in an executed addendum between the parties.
4.2 For reimbursement Contractor must submit invoices by the fifth business day of
each month. Invoices shall include a description of services performed. If County is not
satisfied with the completeness of a submitted invoice, County may request Contractor to either
revise the invoice or provide additional information ta exptain the insufficiency of the invoice.
Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from
Contractor for Contractor's Services.
All invoices must be mailed or delivered in-person to the following address to ensure
proper payment. Invoices sent by fax or email will not be accepted.
Eagle County Health & Human Services
Business Office
550 Broadway
P.O. Box 660
Eagle, C4 81631
4.3 If, prior to payment of compensation or reimbursement for services but after
submission to County of a request therefore by Cantractor, County reasonably determines that
payment as requested wauld be improper beeause the serviees were not performed as prescribed
by the provisions of this Agreement, the County shall have no obligation to make such payment.
If, at any time after or during the Term or after termination of this Agreement as hereinafter
provided or expiration of this Agreement, County reasonably determines that any payment
theretofore paid by County to Contractor was improper because the services for which payment
was made were not perFormed as prescribed by the provisions of this Agreement, then upon
written notice of such determination and request for reimbursement from County, Contractor
shall forthwith return such payment to County. Upon termination of this Agreement as
hereinafter provided or expiration of the Term, any unexpended funds advanced by County to
Contractor shall forthwith be returned to County.
4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges
shall be made to the County nor sha11 any payment be made to the Contractor in excess of the
amount for any work done in respect of any period after December 31 st of the calendar year of
the Term of this Agreement, without the wriiten approval in accordance with a budget adopted
by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30
ofthe Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.)
and the TABOR Amendment (Colarado Constitution, Article X, Sec. 20).
5. Indemnification:
Within the limits allowed by law, Contractor shall indemnify County for, and hold and
defend the County and its officials, boards, officers, principals and employees harmless from all
costs, claims and expenses, including reasonable attorney's fees, arising from claims of any
nature whatsoever made by any person in connection with the negligent acts or omissions of, or
presentations by, the Contractor in violatian of the terms and conditions of this Agreement. This
t
~
indemnification shall not apply to claims by third parties against the County to the extent that the
County is liable to such third party for such claim without regard to the involvement of the
Contractor.
6, Contractor's Professional Levet of Care and Additional Duties:
6.1 In rendering its services hereunder, Contractor shall comply with the highest
standards of customer service tfl the public. Contractor shall provide appropriate supervision of
its employees to ensure the maintenance of these high standards of customer service and
professionalism, the performance of such obligation to be determined at the sole discretion of
County. In the event that County finds these standards of customer service are not being met by
Contractor, County may terminate this Agreement, in whale or in part, upon ten (10) days notice
to the Contractor.
6.2 All funds received by Contractor under this Agreement shall be or have been
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. Contractor shall provide
the County with progress reports upon County's request; or Contractor shall furnish progress
reports as more specifically set forth in the attached E~ibit "A".
6.3 Contractor shal( maintain, €or a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance of its responsibilities hereunder.
Contractar shall be subject to financial audit by federal, state or county auditors or their
designees. Contractor authorizes County to perForm audits ar to make inspections during normal
business hours, upon 48 hours notice to Contractor, for the purpose of evaluating performance
under this Agreement. Contractar shall caoperate fully with authorized HHS representatives in
the observation and evaluation of the program and records. Contractor shall have the right to
dispute any claims of misuse of funds and seek a~ amicable resolution with County.
6.4 Contractor shall compty with all applieable federal, state and local rules,
regulations and laws governing services of the kind prov'rded by Contractor under this
Agreement. Contractor shall be solely responsibte far ensuring proper licensing and
credentialing of those providing services under this Agreement.
6.5 Contractor shall comply with the requirements of the Civil Rights Act of 1964
and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race,
color, sex, age, religion, political beliefs, national origin, or handicap.
4
~
7. 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 fotlaws:
COUNTY:
Eagle County Health & Human Services
Sherri Almond
P.O. Box 660
Eagle, CO 81631
970-328-8852
CQNTRACTOR:
Joel Karr
48 Casa Del Monte Ct.
Glenwood Springs, CO 81601
970-945-7569
8. Insurance:
8.1 At all times during the term of this Agreement Contractor shall maintain in full
force and effect the following insurance:
Insurance Type
• Workers' Compensation
• Employers Liability, including
Occupational Disease
• Comprehensive General Liability, including
Broad Form Property Damage
• Professional Liability Insurance
Cover~~e Minimums
Statutory
$500,000
$600,OOQ per occurrence or as specified in
the Colorado Governmental Immunity Act,
whichever is greater
$500,000 per occunence
8.2 Contractor shall purchase and maintain such insurance as required above and shall
provide certificates of insurance in a form acceptable to County upon execution of this
Agreement.
9. Non-Assignment and Subcontractors:
Contractor shall not assign this Agreement or ernploy any subcontractor without the prior
written approval of the County Representative, who is designated in Section 7 of this Agreement.
The Contractor shall be responsible for the acts and omissions of its agents, employees and sub-
contractors. The Contractor shall bind each subeontractor to the terms of this Agreement. The
County may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement
without the prior written consent from the County, and any such assignment or subcontracting
shall be a material breach of this Agreement.
10. Jurisdiction and Confidentiality:
10.1 This Agreement sha11 be interpreted in aceordance with the laws of the State of
Colorado and the parties hereby agree to submit to the jurisdictian of the courts thereof. Venue shall
be in the Fifth Judicial District for the State of Colorado.
5
~
102 The Contractor and County acknowledge that, during the tenn of this Agreement and in the
course of the Contractor rendering the Corrtractor's Services, the Contractor and County may acquire
knowledge of the business operations of the other party not generally known deemed confidentiaL The
parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any
person, firm or corporation, any such confidential knowledge ar informatian and shall retain all
knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary
capacity for the sole benefit of the other party during the term of this Agreement, and for a period of
five (5) years following ternunation of this Agreement. Any such information must be marked as
confidential. The parties recognize that the County is subject to the Colorado Open Records Act
and nothing herein shall preclude a release of information that is subject to the same.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the parties related to its
subject matter. It supersedes ali prior proposals, agreements and understandings, either verbal or
written.
11.2 This Agreement does not and shall not be deemed to confer upon or grant to any
third party any right enforceable at law or equity arising out of any term, covenant, or condition
herein or the breach hereof.
11.3 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.
12. Prohibitions on Public Contract for Services:
If Contractor has any employees or subcontractors, Contractor shatl comply with C.R.S. §
8-17.5-1U1, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Contract.
By execution of this Contract, Contractor certifies that it does not knowingly employ or contract
with an illegal alien who will perforrn under this Contract and that Contractor will participaie in
the E-verify Program or other Depac~tment of Labor and Employment program ("Department
Program") in order to eonfirm the eligibility of all employees who are newly hired for
employment to perform work under this Contract.
(a) Contractor shall not:
(i) Knowingly employ ar cc,ntract with an illegal alien to perform
work uncler this contract for ser~~ices; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knawingly employ or
contract with an illegal alien to perform work under the public
contract for services.
(b) Contractor has confirmed the employment eligibility of a11 employees who
are newly hired for employment to perfarm work under this Contract
through participation in the E-verify Pragram or Department Program, as
administered by the United States Department of Homeland Security.
Information an applying for the E-verify program can be found at:
{~tt~ ~~~-v~~ c~hs_~~~~~~~~r~~~prc~t~~ri>~iarn~~',~_>_~ l._1~~,~'16~~;15t;)_vht~tl
6
~
(c) The Contractor shall not use either the E-verify program or other
Department Program procedures to undertake pre-employment screening
of job applicants while the public contract for services is being performed.
(d) If the Contractor obtains actual knowledge that a subcontractor performing
work under the public contract for services knowingly employs or
contracts with an illegal alien, the Contraetar shall be required to:
(i) Notify the subcontractor and the County within three (3) days that
the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three
(3} days of receiving the notice required pursuant to subparagraph
(i) of paragraph (d) the subcontractor does not stop employing or
contracting with tl~e illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that
the subcontractor has not knau~ingly employea or contracted with
an illegal alien.
(e) The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an
investigation that the department is undertaking pursuant to its authority
established in C.R.S. § 8-17.5-102(5).
(~ If a Contractor viotates these prohibitions, the County may terminate the
contract for a breach of the contract. If the contract is so terminated
specifically far a breach of this provision of this Contract, the Contractor
shall be liable for actual and consequential damages to the County as
required by law.
(g) The County will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and the County
terminates the Contract for such breach.
13. Sole Source Government Contracts:
If the Contractor has entered into a sole saurce government contract or contracts with the
State of Colorado or any of its political subdivisions as defined in Article XXVIII of the
Colorado Constitution which including this contract in the aggregate on an annual basis are equal
to or exceed the amount of $100,000, then the fallowing provisions apply:
(a) Because of a presumption of impropriety between contributions to any
campaign and sole source government contracts, Contractor, on behalf of
itself, any person who controls ten percent or more of the shares of or
interest in the Contractor, and the Contractar's ot~cers, directors and
trustees (collectively, the "Contract Holder") shall contractually agree, far
the duration of the contract and for two years thereafter, to cease making,
causing to be made, or inducing by any means, a contribution, directly or
indirectly, on behalf of the Contractor Holder or on behalf of his or her
immediate family member and for the benefit of any political party or for
7
T
the benefit of any candidate for any elected office of the state or any of its
political subdivisions.
(b) The parties further agree that if a Contract Holder makes or causes to be
made any contribution intended to promote or influence the result of an
election on a ballot issue, the Contract Holder shall not be qualified to
enter into a sole source government contract relating to that particular
ballot issue.
(c) The parties agree that if a Contract Holder intentionally violates sections
15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual
damages that Contract Holder shall be ineligible to hold any sole source
government contract, or public employment with the state or any of its
political subdivisions, for three years.
(d) The Contract Holder agrees to comply with the summary and notice
provisions of Section 16 of Article XXVIII of the Colorado Constitution.
(e) These provisions shall not apply to the extent they have been enjoined or
invalidated by a court of competent jurisdiction.
(fl All terms used in this Section and not otherwise defined in this Agreement
shall have the same meaning as set forth in Article XXVIII of the
Colorado Constitution.
ll SIGNATURE PAGE TO FOLLOW//
8
~
. ~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its County Manager
„__ .-
...~ ,,,~~ _, ___~-~= %>
By: y~~`~~
Keith P. Montag, ~g Cou Manager
,
Joel Karr
By:
Joel Ka
9
i
EXHIBIT A
SCOPE OF SERVICES. PAYMENT & FEE SCHEDULE
Description of Services: Description of Services: This contract is for services provided beginning January 1,
2009 and ending December 31, 2009.
Contractor will provide individual and family counseling to clients involved with Child Welfare Services to
prevent unnecessary placement of children and youth in out-of-home care, support family preservation, and
assist in family reunification.
Additional Provisions:
1. Assessments and Plannin~. Contractor shall provide the County with an assessment and plan within
thirty (30) days of enrollment or participation in services by a family or child. This plan shall include the
treatment plan for the child's family, including specific objectives and target dates for accomplishment. Such
plan shall be subject to review and approval by County. Thereafter, at monthly intervals, Contractor shall
submit reports that include progress and barriers in achieving the goals and provisions of the treatment plan.
Reimbursement for services relating to the plan is subject to the timely receipt of written assessment, plan,
and reports.
2. Eli~ibilitv. County is responsible for determining the eligibility of each individual family for services
under this agreement. County shall advise Contractor in writing of the authorized service plan within three
(3) working days of receipt of the certification and service plan (Exhibit B). There shall be no pavment for
services provided without prior authorization for such services bv the Countv. Such authorization shall
include the level of services to be provided, the nature and tvpe of services provided and the time frames in
which these services are to be provided.
3. Mandatorv Reportin~. Contractor shall notify HHS immediately of all reports of suspected child
abuse or neglect involving Contractor, including, but not limited to, employees, volunteers and clients. HHS
contractors are considered to be mandatory reporters for suspected child abuse and neglect and are to make
those reports directly to HHS Youth and Family Services Division -(970) 328-8840.
Pavment and Fee Schedule:
A. County will compensate Contractor for performance of Services as follows: (1) for face to face contact
with the client family or HHS representatives -$75 per hour; (2) for travel to and from a client family home to
perform services-$20 per hour. In addition, County will reimburse Contractor for travel from Provider's office
to a client family home in order to perform Assigned Services at the IRS Standard Mileage Rate for business at
the time of travel.
B. County will not compensate or reimburse Contractorfor activities such as: (1) participation in child
protection or community treatment team; (2) travel other than that described in Paragraph A above, (3)
paperwork and other indirect administrative costs; (4) supervision or staff training activities.
C. County will not compensate or reimburse Contractor for scheduled appointments for which the client fails
to appear.
10
Y
_~
Household #: 19-
Telephone #:
Dates of Service: /
Start End
Exhibit B
Eagle County Health 8~ Human Services
Authorization for Services
Case Name:
Family's Mailing Address:
Family's Physical Address:
Familv Information
Fathor Mnthor (:hilri rhilr7 rhilrl CF~ilii f`I~i1.1
Family
Members
Date of Birth
Household Suffix 01 02 03 04 05 06 07
State ID #
Social Securit #
Tvqes of Services Reauested
Please Check f~l Which Familv Members Will Receive Services Indicated
Suffix 01 02 03 04 05 O6 07
Famil Communication
Individual Parentin Skills
Intensive Famil / Individual Thera
Grou Services
Substance Abuse Evaluation
Substance Abuse Treatment
S ecified
Sexual Abuse Treatment
Da Treatment
Ps cholo ical Evaluation
Ps chiatric Evaluation
Parent-Child Interact ional
Other
S ecified
Comments
Total Number of Units Approved (1 unit =1 hour):
CWMH Core: Human Service Other
Case Manager: Telephone #:
Date
Manager: Telephone #:
Date
Bills must be submitted bv the 5"' of the month. Maii to HHS. P.O. Box 660. Eaale. CO 81631
Pavment Method
EHS Core TANF Child Welfare
Proaress Reqorts
Required Monthly Not Required
HHS Business Office
Total Obli ation: Date Entered:
Service Dates Service Amoynts Date Paid Obli ation Balance
Service Provider:
11
~
R .
~
,
~. Lr,; ~ ,
_a; r.~ L. ~, ~,t_i_ s , _ _ --
Professional i,iability ! 51,000,000.00 each claim $3,000,400 40 aggregate
_____._.~., ..__._. .------ ---.___ .
_.__ ___ _.._ _ ....... .......
Good Samaritan Liabilitv tncluded abptie
MalBlacement Liabilitv Included above
. _ e,
.. _.._. _. _. _.
_
__.. _._
.
..
License Protection__ _
.
_
___ .
5i10 000.00 Fer proceedir,g _ __._.~.
5~25,OOU.UO _..__ _
aaaregate
De€~ndant Sxpense Benefit
-- ----_ . $10,000.~0
_'___ . . ._ _. aggregate
--..-__ ~.~
Deposition Representation ' $2,500.90 per deposition $5,000 00
~ _~~___ ag9re9ate
__ _ ---
Assault
__ __..,_..____ . ._. ___ _ 510,Otl0.00 per incident
__ _ ' $25,009,Q4
___...--- ~qgregate
Medicdl PaYme:its.,.____ , m $Z,Q00.00 per pereon _,_ _$100,000.00 aggxegate
First Aid
_._.______~._ _.____..
~ .. _--- -_ ___.. _ .____. $2,500.00
_ _ aqqreqate '
- ---_ __..
Damage of Property of Others 5500 pez incident S10,Q00.00 aggregate
n r~~v~, ~ !.. ~
age n^.~ ... er; nc c;,,14 i. ov~.:-r „a~
-_.~.__.~_,_ __~._.._,_.~____ ~,..__ ___.---__ .~._:_ ._ ____.__~_ _. , ..
'. is :~ae,e n.. -r ot : ni.5 x>':,_c.
.--._~__._: . _ .___ ... .. ........... .~ ,
Workalace Liabilitv Included in A.
Professional Li ability Limit shown above
,
Fire and water Legal Liabilit
~'
-
__..__.~~ ,
Included above subject to
; - _
$150 000 sub-limit
;
.--_ _
__
Personal Liability
~ __-- ---- ~__._ _ _ .
_.----_,_ _..___ _ -_ _
_ _.__~. _._ ~ _ _. _. ___...
,_._.. _.__
S2,Qb0,000.tl0
__ , - ---
_
a r= _ Ti
49 4ate I
1412zi-i. ,. 2601i 50b xX OOOQOit-N080710NEYNHCP7f07NAhKHMU8192
