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HomeMy WebLinkAboutC03-099 Heart of the West Counseling AGREEMENT BETWEEN - THE COUNTY OF EAGLE, STATE OF COLORADO AND Heart of the West Counseling, LLC. THIS AGREEMENT made this 22nd day of April, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, (°County") and Heart of the West Counseling, LLC., hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on March 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. > early childhood mental health consultation for Health & Human Services programs. 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 stuffings. > Travel, except to provide in-home services. > Paperwork and other in-direct administrative time. > Supervision or staff development activities. 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. The County is responsible for authorizing levels of program consultation and for the determination of family eligibility for services. The County will advise the Contractor in writing of the authorized service plan. 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 declare in writing that this Agreement is ternunated, 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 written 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 standards of customer service to the public. Contractor shall maintain a close check over its employees to ensue the maintenance of these high standards 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 terminate this Contract, in whole or in part, upon providing notice to the Contractor as set forth in Section 3. D. The Contractor shall comply with all applicable rules and laws governing professional services in Colorado. 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 periodic reports concerning services under this Agreement within thirty (30) days of the provision of family services or program consultation. For individual family services, such report shall include the submission of a treatment plan for the child's family which shall include specific objectives and target dates for accomplishment. The treatment 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 treatment plan. F. 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. 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. • • Agreement between Eagle County and Heart of the West Counseling, LLC Page 3 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 the Health & Human Services immediately of all reports of suspected child abuse or neglect involving the Contractor in relation to services provided under this agreement or in relation to the staff providing services under this agreement. Health. & Human Services contractors are to be considered "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. lK. The Contractor shall submit monthly billings to the County. Billings will be paid through the County's usual bill paying process. Billings mast be submitted by the Sfth working day of the subsequent month in order to be eligible for reimbursement, ezcept 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 will 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. 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 Heart of the West Counseling, LLC. P. O. Box 660 P.O. Box 7540 Eagle, CO 81631 Avon, CO 81620 Notice shall be deemed given three (3) days after the date of deposit in a regulaz depository of the United States Postal Service. Agreement between Eagle County and Heart of the West Counseling, LLC Page 4 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: Type 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, the prevailing party shall be entitled to recover its attorney fees and costs, staff time and any other claim related expense. D. The invalidity or unenforceability ofany 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. • • Agreement between Eagle County and Heart of the West Counseling, LLC Page 5 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. 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 COLORADO ~ ~ By and thro s Bo f County 'ssioners .~ ®~ By: c°~®~~'o Michael L. Gallagher, Ch ' A'~EST: ~.r~ ..~~~ UI - d~io~~i~ erk to the Board of County Co issioners CONTRACTOR: Heart of the West Counseling, LLC. By: ~ ~ Title: