HomeMy WebLinkAboutC07-191 Heart of the West CounselingAGREEMENT BETWEEN EAGLE COUNTY
AND
HEART OF THE WEST COUNSELING, LLC
This Agreement ("the Agreement"), made this 19th day of June, 2007, between Eagle County,
Colorado ("County") and Heart of the West Counseling, LLC ("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 are services that stabilize family life and promote family self-sufficiency and
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.
I: SCOPE
Contractor shall provide high quality infant -toddler mental health consultation to ECS staff and
parents for the following services:
1. Build collaborative relationships between staff and parents to share concerns about
children's mental health, to identify appropriate responses to children's behavior, and
to help parents understand mental health issues and create supportive environments
and relationships in their homes and at group socialization sites.
2. Assessment and early identification of children's mental health needs, including
coordination of services and planning for additional and complementary services.
3. Reflective consultation with home visitors about specific developmental or behavioral
concerns within the context of home visitation services and family dynamics.
4. Reflective consultation with home visitors about general issues related to child
development and family mental health needs.
5. Training and support to home visitors to enhance their ability to identify and respond
to a child's behaviors and to understand child development processes.
6. Observe, provide suggestions and feedback, and encourage home visitors to build
upon their skills as nurturers and teachers of young children and their families.
7. Team consultation with the ECS health coordinator and home visitors.
II: TERM
This Agreement shall commence on June 1, 2007 and shall terminate on December 31, 2007.
III: COMPENSATION
A. County will compensate Contractor for performance of Assigned Services as follows: (1) for
mental health consultation services- $75 per hour; (2) for travel to and from Provider's office to
the Basalt group socialization site to perform Assigned Services - $20 per hour; or (3) will
reimburse Contractor for travel from Provider's office to Basalt group socialization at the rate of
40.5 cents per mile. The maximum amount of reimbursement under this agreement is $ 3,791.
B. County will not compensate or reimburse Contractor for activities such as: (1) 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.
E. 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 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.
IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES
A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the public contract for services; or enter into a contract with a subcontractor that fails to certify
to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under the public contract for services.
B. The Contractor shall verify or attempt to verify thrgugh participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security, that
the Contractor does not employ any illegal aliens. If the Contractor isnot accepted into the Basic
Pilot Verification Program prior to entering into a public contract for services, the contractor shall
apply to participate in the Program every three months until the contractor is accepted or the public
contract for services has been completed, whichever is earlier. Information on applying for the Basic
Pilot Verification Program can be found at: htti)s://www.vis-dhs.com\em-ployKrregistration
C. The Contractor shall not use the Basic Pilot Verification 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 Contractor shall
be required to:
1. Notify the Subcontractor and the County within three days that the Contractor has actual
knowledge that the Subcontractor is employing or contracting with an illegal alien; and
2. Terminate the Subcontract with the Subcontractor if within three days of receiving
the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor
does not stop employing or contracting with the 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 knowingly
employed or contracted with an illegal alien.
3. 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.
4. If a Contractor violates these prohibitions, the County may terminate the contract for a
breach of the contract. If the contract is so terminated, the Contractor shall be liable for
actual and consequential damages to the County.
V. 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, which date shall be not less than ten (10)
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.
VI. CONTRACTOR'S DUTIES
A. 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.
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 their 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.
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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, in whole or in part, upon ten (10) days notice to the Contractor.
D. Contractor shall comply with all applicable federal, state and local rules, regulations and laws
governing services of the kind provided by Contractor under this Agreement. Contractor shall be
solely responsible for ensuring proper licensing and credentialing of those providing services
under this Agreement.
E. The County requests periodic written assessment, plan, and reports concerning services under
this Agreement. Contractor shall provide the County with written report within thirty (30) days
group socialization consultation or participation in services by a family or child. These reports
shall include the observations and assessments of the parent child interactions, staff child
interactions and social dynamics, and include any resulting plans with specific objectives and
target dates for accomplishment. Such reports shall be subject to review and approval by
County. Reimbursement for services is subject to the timely receipt of written assessment,
plan, and reports
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 a cost not
greater than that charged to other persons in the same community.
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, and the Health Information Privacy and Accountability Act.
I. 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.
J. Contractor shall 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. Billings for services provided
through December 31, 2007 must be submitted by January 4, 2008 in order to be eligible for
reimbursement.
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.
VII. 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:
COUNTY:
Eagle County Health &Human Services
P. O. Box 660
Eagle, CO 81631
CONTRACTOR:
Jane West
Heart of the West Counseling, LLC
P.O. Box 7540
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.
VIII. 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 shall terminate this Agreement in the event
of any assignment without its prior written consent of County.
IX. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing and
signed by all parties.
X. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type of Insurance
Professional Liability Insurance
Coverage Limits
$ 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.
XI. 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 with 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.
C. 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.
D. Contractor shall indemnify and hold harmless 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 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 all respects with all 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 31 st of the calendar year of the Term of this Agreement, without
an appropriation therefore by 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).
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 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.
I. 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.
J. Contractor 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, 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.
ATTES :
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COUNTY EAGLE, STATE OF COLORADO
By and t ou its Board of County Commissioners
By:
Am M. enconi, Chairman
O� �GZF
�e
Clerk to the Bo'Nrd of County ComnAe
CONTRACTOR: Heart of the West Counseling LLC
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