HomeMy WebLinkAboutC02-007 Colorado West Mental HealthAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO WEST MENTAL HEALTH CENTER THIS AGREEMENT, made and entered into this day of 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 Colorado West Mental Health Center, (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 early childhood mental health services which will include assessment, consultation and coaching services for staff and families enrolled in licensed child care programs in Eagle County. Specifically, the Contractor will: i. designate mental health professionals and a early childhood educator to be trained in the Deveraux Early Childhood Assessment (DECA) approach and to be assigned to the early childhood mental health program. One mental health professional will provide up to 10 hours of services per week for 12 months beginning January, 2002 and another mental health professional will be designated to provide up to 20 hours of service per month beginning April 1, 2002. The early childhood educator will provide up to 300 hours of service during the duration of the contract. ii. Engage a minimum of six and a maximum of eight licensed child care centers in Eagle County to participate in the comprehensive early childhood mental health services program. iii. Conduct initial and six month assessment services with each of the participating centers to identify classroom, staff, family and child behavioral needs. iv. Develop and assist in implementing program intervention strategies in conjunction with child care center staff and parents that will create positive, age- appropriate learning and mental health environments for preschool age children. v. Provide referral and service coordination services for families requesting counseling and treatment services for preschool age children. Payment for individual counseling and treatment services will be funded through private insurance, Medicaid or other fee for service arrangements and will not be funded through this contract. vi. Provide individual and classroom assessment and crisis intervention services in other licensed child care programs upon request of Health & Human Services. C Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 2 B. ECHHS agrees: a. to develop a process to select child care programs for participation in this program and establish a written agreement with those programs outlining mutual responsibilities of the child care center, Contractor and the County. b. to monitor the provision of contracted service. c. to coordinate access to quality improvement funds for child care programs with the early childhood mental health program. d. to coordinate access to treatment service funding through Medicaid, Family Issues Cash Fund, CORE Services, TANF /Child Welfare services and other treatment programs through Health & Human Services. e. to pay Contractor after receipt of billing statements for services rendered satisfactorily and in accordance with this Contract. C. Contractor agrees: a. not to assign any provision of this Contract to a subcontractor without the written permission of the County. b. not to charge clients any fees for the services provided under this Contract. c. to hold the necessary license(s) which permits the performance of the service to be purchased, and/or to meet applicable State Department of Human Services qualification requirements. d. to 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. e. to assure that the service described herein is provided to ECHHS at cost not greater than that charged to other persons in the same community. f. to submit a billing statement in a timely manner, no later than 45 days after services. Failure to do so may result in nonpayment. g. to 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. h. to provide ECHHS with monthly reports on provision of service which will include: > Activities conducted under this contract. > Assessment of services provided under this contract which will include outcomes for child care programs, families and children. > Progress and barriers in implementing program goals. D. Billing for Services - The Contractor shall submit to the County a monthly statement of services provided. The maximum amount for purchase under this agreement is $ 40,000. (See attached budget). C C Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 3 P�wj 01 A, 0 l IT -WVTI l7 "mleM� 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 if 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, then the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall thereupon 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 of 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 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 Contractor, with 48 hours written notice, for the purpose of evaluating performance 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: Eagle County c/o Health & Human Services P. O. Box 660 Eagle, CO 81631 THE CONTRACTOR: Colorado West Mental Health Center c/o Ken Stein P.O. Box 40 Glenwood Springs, CO 81602 Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 4 5. MODIFICATIONS AND WAIVER 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. 6. INSURANCE At all times during the terms of this Agreement, Contractor shall maintain the following insurance: Type of Insurance Workers' Compensation Employer's Liability, including occupational disease Comprehensive Automobile Liability, including all owned, non- owned, and hired vehicles. Comprehensive General Liability, including form property damage. Coverage Limits Statutory $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. $150,000 per person and $600,000 per broad occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. Professional Liability Insurance $ 500,000 per occurrence 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 assigns: provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C. In the event that a dispute should arise relating to the performance of the services to be provided under 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 in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. D. The validity 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. r J J Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 5 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. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. 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 of 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). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on , 2002. The parties hereto have signed this Agreement in quadruplicate. One count each has been delivered to the County and the Contractor. ATTEST: County of Eagle, State of Colorado, o� � 4e �o y and Through Its BOARD of COUNTY COMMISSIONERS r ) -4 V5 ( �'otoallosd Clerk of th"oard of County Commissioners IM Cha Eag BY: I TITLE: R: Colorado West Mental Health Center C C V-, . Colorado Nest Mental Health - Preschool Mental Health Project Budget Summary : DECA Administration $ 6,035 Follow -up materials 2,400 Travel 2,270 Training ^j 600 Office expenses `` 600 Labor Cost €� 27,727 TOTAL $39,362 3�4'dL.� V4 E 6d td.Yt�B KJlY'i%,�. Labor Budget Position I Mental Health professional - 10 hours /week 52 weeks $ 25,780 x.25 = $ 6445 + benefits @ 22% Position H Mental Health professional - 20 hours/week 39 weeks 32,971 x .5 x .75 = $ 8242 + benefits @ 22% Early Childhood Educator - contracted 300 hours of service @ $ 25 /hour Sub- Total Labor $ 7,863 $ 12,364 $7,500 $ 27,727 DISTRIBUTION ®riinls to• L Contract Book 2. 3.