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HomeMy WebLinkAboutC11-092 Forensic Interviewing Garfield County INTERGOVERNMENTAL AGREEMENT FOR FORENSIC INTERVIEWING EAGLE COUNTY AND GARFIELD COUNTY THIS INTERGOVERNMENTAL AGREEMENT ( "IGA ") is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, a statutory county ( "Garfield County" or "BOCC "), and the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO, a statutory county ( "Eagle County "). RECITALS 1. The BOCC is statutorily mandated by the Colorado Children's Code, C.R.S. § 19- 3 -308, as amended, and the Human Services Codes, C.R.S. § 26 -5 -101, et seq., as amended, to conduct investigations of allegations of child abuse through the County Department of Human Services ( "GARCO DHS "), and has been allocated funding for the provision of such services by the Colorado Department of Human Services ( "CDHS "). 2. The BOCC has entered into a contract with Childhelp River Bridge, a Child Advocacy Center located in Garfield County for the provision, management, and operation of a Child. Advocacy Center, as defined in C.R.S. § 19 -1 -103 (19.5), as amended ( "CAC Contract "). 3. The CAC Contract provides, among other things, that Garfield County shall "provide forensic interviewing services through a separate agreement" and Childhelp River Bridge shall conduct "forensic interviews in a well equipped interview room, conducted by a select group of trained and mutually agreed upon forensic interviewers." 4. The parties to this IGA are authorized to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments in the development of public purpose projects pursuant to §§ 18(2)(a) and (2)(b) of Article XIV of the Colorado Constitution, and C.R.S. § 29 -1 -201 etseq., as amended. 5. Eagle County operates Children and Family Services — Child Protection Services through the Eagle County Department of Health and Human Services ( "EC- HHS "), providing, among other things, forensic interviewing services. 6. Garfield County wishes to contract with Eagle County on a fee for services basis for such services to be made available to children and families of Garfield County at the Childhelp River Bridge Child Advocacy Center. 7. The respective parties to this IGA deem it to be in the public interest that they contract with each other for the purposes set forth herein. • �I I —('12 NOW, THEREFORE in consideration of the mutual promises and covenants contained herein the parties agree as follows: 1. Project. The purpose of this IGA is the provision of professional forensic interviewing at the Childhelp River Bridge Advocacy Center as a component to the comprehensive multi disciplinary team ( "MDT ") response to allegations of child abuse or neglect required by the CAC Contract. 2. Eagle County's Responsibilities. In order to accomplish the Project, Eagle County, through, the EC -HHS shall: a. Provide up to ten hours per week of the services of a professional Child Forensic Interviewer in accordance with the "Fee for Services — Scope of Services," attached and incorporated herein as Exhibit "A ", allowing for up to forty -five (45) hours per month. If services are required for more than 10 hours in any one week, GARCO DHS shall seek prior approval, in writing or by telephone, from Sherri Almond, EC -HHS Director of Children & Family Services. b. Ensure that the Child Forensic Interviewer meets the minimum requirements and is able to perform the essential responsibilities defined in the "position description," attached to Exhibit A as "Attachment No. 1," incorporated herein by this reference. c. Provide the services described on Exhibit A in accordance with CDHS Regulations, found at 12 CCR, Sections 7.202.51 and 7.202.52 and the Childhelp River Bridge "Policy and Procedure" on Forensic Interview Services then in effect. 3. Garfield. County's Responsibilities. In order to accomplish the Project, Garfield County shall: a. Work with the MDT, in accordance with the CAC Contract, associated Protocols and this IGA. b. Provide financial support for training of the Child. Forensic Interviewer, as detailed in Exhibit A. c. Provide compensation, as detailed in Exhibit A. d. Meet the BOCC's responsibilities under the CAC Contract, including management of the lease between the BOCC and Childhelp River Bridge, as such deals with provision of workspace and interview room for the use of the Child Forensic Interviewer. 4. Joint Responsibilities of _Eagle and Garfield Counties. In order to accomplish the Project, Eagle and Garfield Counties mutually agree that only aggregated non - identifiable client services data will be released. The parties recognize that client specific reports are subject to the confidentiality rules of C.R.S. § 19 -1 -101, et seq. and C.R.S. § 26 -1 -101, et seq., as amended; the federal Health Insurance Portability and Accountability Act of 1996, as amended ( "HIPPA "); and other applicable federal and state law and regulation regarding confidentiality. 5. Breach and Notice. If either party to this IGA fails to perform its respective obligations, the non - breaching party shall provide thirty (30) days' notification of such failure to the breaching party's representative. If the breaching party fails to correct or remedy the breach, 2 the non - breaching party may terminate this IGA by written notification to the other party's representative and shall have no other further obligations under this IGA. 6. Mutual Termination without Breach. Either party may terminate this Agreement upon fourteen (14) business days written notice without cause. Such "no- cause" termination includes, without limitation, a vacancy in EC -HHS' position of Child. Forensic Interviewer. 7. Insurance and Third -Party Indemnification. To the extent permitted by law, Eagle County and Garfield County shall defend and hold harmless each other from and against any injury, claim, or damage to any third party arising out of or in connection with the Project. Nothing in this IGA is intended or shall be construed to constitute a waiver on the part of Eagle County or Garfield County of the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101 et seq., as amended. Eagle County shall maintain insurance by commercial policy or self insurance as is necessary to meet its liabilities under the Act. Eagle County and Garfield County each agree to provide the other with a certificate of insurance naming the other as an additional insured, if requested. 8. Term of Agreement. This IGA is effective on the January 1, 2011 through June 30, 2011. The IGA will terminate on June 30, 2011 unless renewed by means of the "IGA Renewal Letter," attached and incorporated herein as Exhibit B, or a similar document executed by each party. Renewal shall conform with the annual budgeting and appropriation requirements of Paragraph 9, below. 9. Annual Appropriation. The parties' financial participation is subject to annual appropriation and budgeting by each. This IGA is not intended to, nor does it create a multi -year fiscal obligation as defined by Section 20, Article X of the Constitution of the State of Colorado. Should either party fail to appropriate fiords, this IGA shall terminate. 10. Amendment and Assignment. This IGA may be amended by the parties solely through a written agreement signed by both parties. This IGA may not be assigned by either party. 11. Counterparts. This IGA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed the same instrument. Facsimile or photographic signatures of either party to this IGA or subsequent modifications thereto, shall be effective for all purposes. 12. Governing Law, Venue and Survival. The laws of the State of Colorado shall govern validity, performance and enforcement of this IGA. Should either party institute legal action for enforcement of this IGA, venue of such action shall be in Garfield County, Colorado. The prevailing party shall be entitled to attorney's fees, expenses and court costs. All rights concerning remedies, fees and costs shall survive termination of this IGA. 13. No Third -Party Beneficiary. No third party may enforce or rely upon this IGA. 3 14. Notice and Representatives. All notices required under this IGA shall be in writing and may be hand - delivered, mailed by U.S. Postal Service, certified mail return receipt requested with postage prepaid, or sent by receipted private delivery service. Notices may also be delivered by electronic communication addressed to the parties' designated representatives as follows: Eagle County: Director. of Children & Family Services cc: Eagle County Attorney's Office Health & Human Services Bryan Treu, Esq. Sherri Almond P.O. Box 850, 500 Broadway P.O. Box 850, 500 Broadway Eagle, Colorado 81631 Eagle, Colorado 81631 (970)328 -8604 (970)328 -8852 bryan.treu(eaglecounty.us sherri. almondceaglecounty. u s Garfield. County: Administrative Services Manager cc: Garfield Co. Attorney's Office Department of Human Services 108 8th Street, Suite 219 Diane Watkins Glenwood Springs, CO 81601 195 West 14 Street (970)945 -2056 Rifle, Colorado 81650 garcoatt@garfield-county.com (970) 625 -5282 x 233 dwatkins @garfield- county.com Either party by notice so given may change the identity of its designated representative and the address to which future notices shall be sent, without formal amendment of this IGA. 15. Authority. Each person signing this IGA represents and warrants that the individual is fully authorized to enter into and execute this IGA and to bind the party it represents to the terms and conditions thereof. 16. Whole Agreement. This IGA sets forth the whole agreement of the parties. No representations, either verbal or written, shall be considered binding on either arty to the extent not set for herein 17. Severability. Should any provision of this IGA be decided to be in conflict with any law of the United States or the State of Colorado or otherwise be unenforceable, the remaining provisions shall be deemed severable and the validity of such shall not be affected, provided such remaining provisions can be construed in substance to constitute the agreement which the parties intended to enter into under this IGA. 4 IN WITNESS WHEREOF, Eagle County and. Garfield County have executed duplicate originals of this IGA to be effective the 1st day of January, 2011, no matter the date of execution below. BOARD OF COUNTY COMMISSIONERS OF ATTEST: GARFIELD COUNTY, COLORADO By: Clerk to the Board. John Martin, Chairman Date: BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By: Keith Montag, County anager Date: 4/5 /// STATE OFLA VbutA,u ) (� > ss. COUNTY OF �� �� ) The foregoing instrument was acknowledged before me this 6 day of April 2011 by Keith Montag as County Manger of Eagle County, an authorized representative of the Board of County Commissioners of Eagle County, a Colorado statutory County. MY COMMISSION EXPIRES : I Cc; CAULL DEBORAH LYNN CHURCHILL Notary r,, r NOTARY PUBLIC .STATE OF COLORADO �I' ORO K r a �-i MY COMMISSION EXPIRES 3/24/2015 Address of Notary T.'tivFiles`DHS - DEPT OF HUMAN SERVICESCHILDHELP -RIVER BRIDGE - CHILD .4DUOCACF`Ea,gle County Forensic IGA1G4 Forensic Interviewer FLV4Lv2.docx 5 EXHIBIT "A" FEE FOR SERVICES - SCOPE OF SERVICES Scope of Work: Contractor will employ a forensic interview as described in the attached "Child Forensic Interviewer" job description. This person shall be mutually acceptable to Contractor, the MDT, and GARCO DHS. This person shall successfully complete agreed upon specialized training. Required training costs (time and travel) as required by Childhelp River Bridge Child Advocacy Center will be reimbursed at 50%. Other recommended training shall be negotiated at the time. Time of Performance: January 1, 2011 through June 30, 2011. Furnishings: The current furnishings located at the Childhelp River Bridge facility shall be used for the forensic interviewer position at no cost to the Contractor. This includes desk, chairs, bookcase and telephones. Contractor shall provide employee with computer, cell phone, etc. Compensation: For the services provided, the BOCC shall pay by GARCO DHS warrant to Contractor a sum of not to exceed $25,000.00. Billing shall be based upon: o Up to 10 hours per week and not more than 45 hours per month with service over 10 hours per week being pre - approved by EC -HHS Director, Children & Family Services. o $60.00 per hour. o $32.50 round trip transportation costs from Eagle to Garfield County and return. o Training registration and fees, specific to forensic interviewing, shall be reimbursed at 50 unless otherwise negotiated. o 100 time reporting with documentation. o All reports submitted to GARCO DHS caseworker immediately. o Billing shall be submitted on a monthly basis to the GARCO DHS Child Welfare Manager and paid by GARCO DHS warrant. Approved timesheet /mileage form will be submitted for payment. T: \MyFiles \DHS - DEPT OF HUMAN SERVICES \CHILDHELP -RIVER BRIDGE -CHILD ADVOCACY \Eagle County Forensic IGA \Exhibit A - Eagle Scope- 2011r.3- 11.docx Exhibit A • • POSITION TITLE: Child Forensic Interviewer POSITION STATUS: Contract REPORTS TO: Eagle County HHS Director or designee POSITION SUMMARY: Responsible for forensic interviewing of children and adolescents ages 2 through 17, as well as vulnerable adults, who are alleged to be victims of or eyewitnesses to abuse and /or violence, using research -based interview protocols and techniques in a developmentally appropriate manner to elicit factual information. ESSENTIAL RESPONSIBILITIES: • Schedules and coordinates joint forensic interviews of alleged child /adolescent /vulnerable adult abuse victims with multi - disciplinary team members • Conducts forensic interviews of alleged victims and witnesses of abuse, as requested, on behalf of multi - disciplinary team members • Maintains and updates case files, case lists, video logbook, and statistical tracking • Provides written documentation pertaining to interviews conducted for Case Review purposes • Participates in bi- monthly Case Reviews, including coordinating Case Review information with multi - disciplinary team members • Participates in defense interviews • Testifies in civil and criminal court proceedings regarding general interview processes and techniques, as well as interviews conducted regarding individual cases, as appropriate and requested • Remains current on research involving forensic interviewing and abuse investigations • Participates in quarterly interview Program Peer Review sessions, including providing training regarding interview protocols and child developmental levels • Consults with members of a multi - disciplinary team, as requested or deemed necessary • Provides community education and awareness about child abuse • Performs other related duties, as assigned MINIMUM REQUIREMENTS: • Master's degree in social services or other related field preferred, Bachelor's Degree required • 3 -5 years experience working in a multi - disciplinary environment with Child Protective Services, Law Enforcement, and Human Services • Ability to communicate effectively with children and adolescents, ranging in ages 2 to 17, in order to solicit sensitive case information pertaining to abuse and /or eyewitness accounts of abuse • Academic training or practical experience in and knowledge of developmental stages of children and the dynamics and effects of intra and extra familial child abuse • Familiarity with and a disposition toward the multi - disciplinary team approach regarding the investigation and prosecution of child abuse cases Attachment no. 1 to Exhibit A Page 1/2 • Ability to testify effectively in civil and criminal proceedings and to participate in defense interviews • Ability to communicate effectively in writing and orally to a variety of individuals and groups EMPLOYEE ACKNOWLEDGEMENT: I have read and understand the duties and responsibilities as outlined in this job description. Print Name Signature Date T:1MyFilesIDHS - DEPT OF HUMAN SERVICESICHILDHELP -RIVER BRIDGE -CHILD ADVOCACYIEagle County Forensic IGA1Forensic Interview - CO - Job Description - Attch 1 to Exh A.docx Attachment no. 1 to Exhibit A Page 2/2•