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Home My WebLink AboutC02-099 Sudi BergCop-, - 99-e-1 �_, ...-0` 1%� AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND SUDIBERG THIS AGREEMENT, made and entered into this 3��ay of April, 2002 by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Sudi Berg, (hereinafter referred to as the "Contractor"). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE A. The County hereby contracts with the Contractor to provide Mental Health Services for participants of the Eagle County Early Head Start program. Specifically the contract is for on - site mental health professional consultation with program staff to identify and design interventions that promote children's mental wellness. B. Service Unit Cost - Service will be purchased by the County from the Contractor based on a service unit cost of $60/hour. C. Contractor agrees to abide by Head Start Performance standards in the provision of services, to participate in recruitment selection activities, training and program development activities. D. Billing for Services - The Contractor shall submit to the County a monthly statement of services provided to the Early Head Start Program and shall attach an in -kind contribution documentation. There shall be no payment for services provided without prior authorization for such services by the County. Payment for authorized services will be made by the County in accordance with its usual bill paying cycle. 2. PERIOD OF AGREEMENT A. This Agreement shall commence March 1, 2002 and end December 31, 2002. However, the County may terminate the contract between the County and the Contractor on 10 days' notice 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. Any unexpended funds may be required to be returned to the County as well as any funds not properly expended according to project objectives. Notwithstanding the above, in the event the Contractor becomes insolvent, or 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. Agreement between EAGLE COUNTY and Sudi Berg PAGE 2 3. CONTRACTOR'S DUTIES The Contractor shall comply with the following requirements: A. All funds received under this Agreement shall be expended solely for the purpose for which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B . The Contractor shall maintain adequate records of matching expenditures 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 authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Parties, with 48 hours written notice, for the purpose of evaluating performance under this Agreement. D. The Contractor shall be responsible for complying with the applicable rules and laws governing the practice of counseling in Colorado, and the parties shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 4. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County c/o Health & Human Services P.O. Box 660 Eagle, CO 81631 THE CONTRACTOR Sudi Berg SSN - - P O Box 3002 Vail, CO 81658 5. MODIFICATIONS AND WAIVER The contractor shall not assign any rights or duties under this Agreement to a third party without the prior written consent of the County. Any effort to effect such an assignment without the prior written consent of the County will terminate the Agreement immediately at the option of the County. This agreement shall not be amended or modified unless agreed to in writing by all parties. 6. MISCELLANEOUS A. The parties to this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. Agreement between EAGLE COUNTY and Sudi Berg PAGE 3 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 provided, however, that neither party may assign nor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. C. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including but not limited to staff time, court costs, attorney's fees, and other claim related expenses. D. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its commissions, 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 incident thereto including attorney fees which may accrue against, be charged to or be recoverable from the County, its Board of County Commissioners, and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or 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. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. G. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any 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 the Eagle County courts, Eagle County, Colorado. Agreement between EAGLE COUNTY and Sudi Berg PAGE 4 I. Integration. This Agreement supersedes all previous communications, negotiations and/or contracts 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS ATTEST: O e� � � a n BY: Clerk of the Board o Coto Michael Gallagher, ChairrqW County Commissioners ^_ Eagle County Board of C6mmissioners CONTRACTOR: Sudi Berg 'rTTI F• _._ i DISTR-UN Ori finals to: 1. contract Book 2. 3. 4. _(3/ Cn ies to: Accour::tang