The URL can be used to link to this page

Home My WebLink AboutC04-277 Heart of the West Counseling, LLC AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND HEART OF THE WEST COUNSELING, LLC THIS AGREEMENT made this 31st day of August, 2004, 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 August 31, 2004 and shall end on June 30, 2005. 2. SCOPE: The Contractor will provide early childhood mental health services, which will include assessment, consultation and coaching services for staff, and families enrolled in licensed childcare programs in Eagle County. Specifically, the Contractor will: i. Conduct an assessment of needs and strengths with each of the participating programs to identify classroom, staff, and family and child behavioral needs. ii. Develop and assist in implementing program intervention strategies in conjunction with childcare program staff and parents that will create positive, age- appropriate learning and mental health environments for preschool age children. . iii. 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, not this contract. iv. Provide individual and classroom assessment and crisis intervention in other licensed childcare programs upon written request of Health & Human Services. The County is responsible for the determination of childcare program eligibility for participation in this program. The County will develop an agreement with the eligible child care program to participate in services under this agreement and will advise the Contractor in writing of the authorized service plan. Reimbursement under this agreement will be at the hourly rate of $ 25 for coaching and consultation activities. Attachment A reflects the overall budget for this program and the work of a team of independent contractors. 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. The Contractor may terminate this Agreement upon ten (10) days written notice to County if it is deemed by the Contractor in its sole discretion the County is not fulfilling the terms of this agreement, or for any other reason. In addition, the County will be responsible to pay for any properly expended funds according to the terms of this agreement. 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 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 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. 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. The Contractor shall have the right to dispute any claims of misuse of funds to the extent allowable by law. C. Customer Service/Termination: In rendering its services, Contractor shall comply with the highest standards of customer service to the public, determined at the sole discretion of the County. In the event that the County finds the Contractor is not meeting these standards of customer service, the County may terminate this Contract, upon providing notice to the Contractor as set forth in Section 3. D. Contractor shall provide the County with written reports on the progress of services under this agreement. Such reports shall include information on the extent and nature of services provided for each participating child care program; data on the numbers of classrooms, teachers, children, and families served; data on the ages of children, number of children and families referred for ongoing individual services; profile information on the children in participating programs in regards to their ages, family economic status, primary language, and ethnicity. E. 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. F. 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, Eagle County Health and Human Services, and the Health Information Privacy and Accountability Act. G. 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 Amandatory 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. H. The Contractor shall submit monthly billings to the County within 10 days following the end of the month. Billings shall identify staff costs by participating program and by program component. Non-personnel costs may be submitted on an overall program basis. Payroll statements or receipts shall accompany all billings. Billings will be paid through the County=s usual bill paying process. Billings that are received more than 45 days after the provision of service will not be eligible for reimbursement. Billings for services provided through June 30, 2005 and received after July 1, 2005 will not be eligible for reimbursement. I. 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. S. 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 Post Office Box 660 Eagle, CO 81631 Heart of the West Counseling, LLC. P.O. Box 7504 Avon, CO 81620 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 relating to its employees: 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 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. Both parties 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 June 30th of the 2005 calendar year during the term of this Agreement, without the appropriation therefore 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. No alterations, amendments, changes, or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. K. 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 through its Board of County Commissioners ATTEST: ~ ~-~''~~F., ~~; `S,,:~~,~t .".' '~,E~r'~~ ~ C. Stone, Chairman ~~~ ~ ~ Clerk to the Bo d of County a~° ers Heart of the West Counseling, LLC. By: Jane West ~' ~ ~ ~ Early Childhood Coaching ~ Consultation Program AttachmentA 2004-2005 School Year unitprice total Standard Practices; handbook; resource library 20 30 600 Quarterly assessment reports 24 30 720 Community Collaboration 80 30 2400 Parent Workshops 80 25 2000 Team Meetings/program planning 180 25 4500 Coordinator/meetings and program planning 60 30 1800 Fiscal Management 30 30 900 :~~ :~ SCire~ttittg.. _ ... , . ....... . . Completion of ITERS/ERS Observation Completion of DECA/Ages & Stages Parent Night -completion of assessment Subtotal. ~ ~ . Share ITERS/ECERS outcomes Share DECA/Ages & Stages outcomes Parent conferences Crisis Consultation: centers only 210 25 5250 336 25 8400 420 25 10500 56 25 1400 „ , ' g~, 63 25 1575 21 25 525 156 25 3900 30 25 750 in-class modeling 420 25 10500 Siesta Seminars 112 25 2800 socio-emotional skill building 150 25 3750 Team building 32 25 800 ~n ~s~#,.~i Subtotal; ~_~ °:s;=,~'% ': ~e..~~~,, .. a .1~~^ :~~"gs / y y. >,~..... v~;s~~`r°~A ~~,s~y" 3:s;9" SFr .~•y ,~s;~Y",' s~ ;y °.~a` i-t /~~~~,~. %5`~'R,c'Gw~ e„ ~ ? ~ Q a aq~ Parent consultation 20 25 500 Staff consultation 40 25 1000 Supplies DECA 1750 Circle 1000 Parenting 500 Office 500 Subtotal 3750 Mileage 20000 0.345 6904 Training DECA 700 ECERS/ITERS 700 Subtotal 14tN~ TOTAL Cost 81915 Development of agreement, etc 54 30 1620 Classroom partnership, etc. 63 25 1575 Reflection report to classrooms 84 25 2100