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Home My WebLink AboutC02-309 Beth HerveyC0Z—__�> vC�—Zz.� 1140V �` AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Beth A. Hervey, MSW, LCSW THIS AGREEMENT made this 19th day of November, 2002, by and between the County of Eagle, State of Colorado, a body corporate and politic, ("County") and Beth Hervey, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on November 19, 2002, and shall end on June 30,2003. Services under this agreement will be pre -authorized in writing by the Department of Health and Human Services for reimbursement of clinical hours at the rate of $ 60.per hour: 2. SCOPE: A. -The county hereby contracts with the Contractor to provide`counseliiig,for Core Services`and WRAP program Specifically the contract is for the performance of counseling directed toward Intensive Family Therapy and Sexual Abuse Therapy to 'children and- families in accordance with the Staff Manual Volume 7, Section 7.303 Core Services Program B. Service Unit Cost - Services for Core Services and WRAP program will be purchased by the County from the Contractor on a service unit basis: The service unit basis for counseling related to Intensive Family Therapy, Sexual Abuse and WRAP program is $60/counseling hour." Non -reimbursable activities include: > Participation in child protection, community treatment team for staffings. > Travel, except to provide in -home services. > Paperwork and other in -direct administrative time. > Supervision or staff development activities. An additional fee may be 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. C. Eligibility for Purchase of Service - The County is responsible for the determination of family eligibility according to the Eagle County Core Services. The County will advise the Contractor in writing of the authorized service plan within three working days of receipt of the certification and service plan. D_ Access to Services- i. Clients may only be referred to Beth Hervey from the Eagle County Health & Human Services. A referral form and authorization for payment will be provided by the County. Agreement between Eagle County and Page 2 Beth Hervey E. Billing for Services - The Contractor shall submit to the County a monthly statement of services provided to authorized client families. There shall be no payment for services provided without prior authorization for such services by the County. Such authorization shall include the amount of services to be provided, the scope of services provided and time frames in which these services are to be provided. Payment for authorized services will be made by the County in accordance with its usual bill paying -cycle. 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. In the event the Contractor becomes insolvent is declared. bankrupt or -dissolves', the County nay - 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 Agreernent shall be expended solely for the purpose. for which granted,. and any funds not so upended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate 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. C. 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. D. The Contractor shall comply with all applicable rules and laws governing mental health counseling 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 enrollment or participation by a family or child. 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 ban•iers in achieving the goals and provisions of the treatment plan. 0 Agreement between Eagle County and Page 3 Beth Hervey 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 Beth Hervey 429-06-1545 Post Office Box 660 P.Q. Box 1043 Eagle, CO 81631 Carbondale, 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. . 6. ASSIGNMENT: The. Contractor. shall. not assign any of its rights* or.: duties'.under this: Agreement to -a third-pak 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 Malpractice Insurance $500,000 for each claim 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. Agreement between Eagle County and Page 4 Beth Hervey 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 COEM, - Ssio iers -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 dr m part pursuant to: thiss Q�greerrient or, arising - ectlywor iitidirectly o" f coiitraetor s exeroise of ids privileges--'or:performance of its obligations under this`greement:" ' 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-paynients ibe 'made to Contractor in respect -of any period after June 30th 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. Agreement between Eagle County and Page 5 Beth Hervey 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 throu ' its Boaz of County r ommissioners By: Michael L. Ga lagher, W�f °o CONTRACTOR: Beth Hervey, MSW,LCSW 14004, `./ r DISTRIBUTION Originals to• 1. Contract Book I 3. 4.—� C0�7105 t0: 1. Accounting 2. 3. A