No preview available
HomeMy WebLinkAboutC06-164 AGREEMENT BETWEEN EAGLE COUNTY AND OLGA WILKINS This Agreement ("the Agreement"), made this 16th day of May, 2006, between Eagle County, Colorado ("County") and Olga Wilkins ("Contractor"), WITNESSETH: Whereas, 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, among the services County provides in order to promote such health, safety and welfare is early childhood services that promote the social emotional relationship between parents and their children; and Whereas, the use of outside providers to provide training and consultation to staff enhances the ability of the County to promote such health, safety and welfare; and Whereas, Contractor is a provider of such services and wishes to contract with County to provide such services to County residents in need thereof. Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor enter into this Agreement. Article I: SCOPE Contractor shall provide infant-toddler mental health program consultation and training ofthe following services as assigned to it in writing ("the Assigned Services") by the Early Childhood Manager of the County Department of Health and Human Services ("HHS"), specifically: 1. Reflective consultation regarding caseloads with a focus on attachment based approach, i.e. teaching parents on how to pick up on their child's social emotional cues. 2. Reflective consultation regarding family/staff psychological boundary issues. 3. Consultation on child development and social emotional skill building. 4. Training on observational skills. 5. Team consultation with the HHS health coordinator and home visitors. Artide II: TERM This Agreement shall commence on L terminate on December 31, 2006 Artide III: COMPENSATION A. County will compensate Contractor for performance Assigned Services as follows: (l) for program training and consultation services- $30 (2) for to and from a client group socialization services to perform Assigned Services - $20 per hour (3) will reimburse Contractor for travel from Provider's office to a client socialization at the rate of 34.5 cents per mile. The maximum amount of reimbursement under this agreement is $ 3,192. B. County will not compensate or reimburse Contractor for activities such as: (l) participation in child protection or community treatment team; (2) travel other than that described in subsection A(2) of this Article III; (3) paperwork and other indirect administrative costs. C. There shall be no payment for services provided \vithout prior authorization for such services by the County. Such authorization shall include the services to be provided, the nature and type of services provided and the time frames in which these services are to be provided. D. If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefor by Contractor, County reasonably determines that payment as requested would be improper because the services 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 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 wTitten notice of such determination and request for reimbursement from County, Contractor shaH forth-with 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 shaH forthwith be returned to County. IV. TERMINATION County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifYing the date of termination, \\lnich date shall be not less than ten (l0) days from the date of the notice. In the event 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 for payment of accrued but unpaid fees and expenses, shall terminate immediately. ". - V. CONTRACTOR'S DUTIES A. All funds received by Contractor under this shaH or have been expended solely for the purpose for which granted, and any funds not so including funds lost or di verted for other purposes, shall be returned to County B. Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance if its responsibilities hereunder. Contractor shall be subject to financial audit by federal, state or county auditors or . designees. Contractor authorizes 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. Contractor shall cooperate 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 an amicable resolution with County. C. In rendering its services hereunder, Contractor shall comply with the highest standards of customer service to 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, III whole or in part, upon ten (10) days notice to the Contractor. D. The County requests periodic written reports concerning services under this Agreement. Reimbursement for services is subject to the timely receipt of written assessments, plans, and reports. E. Contractor shall assure that the service described herein is provided to the County at a cost not greater than that charged to other persons in the same community F. Contractor shall safeguard infornlation 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, and the Health Information Privacy and Accountability Act. G. 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. K. Contractor may submit monthly billings to 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 December 31, 2006 must be submitted by January 6, 2007 in order to be eligible for reimbursement 3 L. Contractor shall participate in an annual training provided by County regarding program requirements and eligibility, child abuse and neglect reporting; and, financial and program reporting to County. VI. NOTICE Any notice required under this Agreement be in wTiting by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY: CONTRACTOR: Eagle County Health & Human Services Olga Wilkins Post Office Box 660 P. O. Box 1203 Eagle, CO 81631 Avon, CO 81623 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. VH. ASSIGNMENT Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. County shaH terminate this Agreement in the event of any assignment without its prior wntten consent of County. VIH. MODIFICA TJON Any revision, an1endment or modification of this Agreement shall be valid only if in writing and signed by all parties. IX. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: T ype ofInsurance 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 County upon execution of this Agreement. X. MISCELLANEOUS A. The relationship of Contractor to County is that of independent contractor. No agent, employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of County. B. In the event of litigation in connection wlth this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. 4 C. Invalidity or unenforceability of provIsIOn this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. D. Contractor shall indemnifY and hold hannless County, 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 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. E. Contractor shall comply at all times and in an respects with an applicable federal, state and local laws, resolutions, and codes. F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after, December 3 I st of the calendar year of the Term of this Agreement, without an appropriation therefore by County in accordance vvith 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.RS. 29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). G. 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. H. This Agreement supersedes all prevIous communications, negotiations and/or agreements between the respective parties hereto, either verbal or wTitten, 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. 1. 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 County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. 1. Contractor certifies that it has read the Agreement, understands each and every term and the requirements set forth herein, and agrees to comply \vith the same. S In Witness Whereof, County and Contractor have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to Contractor. COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners CONTRACTOR: Olga Wilkins By: