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HomeMy WebLinkAboutC24-089 Rocio AndradeAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND ROCIO ANDRADE THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Rocio Andrade, and individual, (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the County desires to contract with a licensed therapist to provide behavioral health services to inmates housed at the Eagle County Detention Facility, located at 885 East Chambers Avenue, Eagle, Colorado (the “Jail”); and WHEREAS, Consultant is a therapist, licensed and authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County’s Representative. The Eagle Count Detention Facility Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 2/13/2024 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of December, 2024. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed eighty five thousand dollars $85,000.00, and Consultant will not perform, nor be expected to perform, Services in excess of the not-to-exceed amount established in this section unless mutually agreed upon by both parties by signed amendment to this Agreement. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. All invoices must be emailed, mailed, or delivered in person to the following address to ensure proper payment. Consultant will submit invoices to County by the 10th working day of the month following the provision of services. Eagle County Sheriff’s Office Detention Facility Attn: Sarah Kennedy Post Office Box 359 Eagle, CO 81631 OR Sarah.Kennedy@eaglecounty.us Payments will be sent to: Rocio Andrade PO Box 2013 Gypsum, CO 81637 b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. 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 Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. If Consultant may operate a vehicle, including Consultant’s own vehicle, in the course of performing the Services described herein, Consultant shall cause its policy of automobile insurance coverage to have limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles, and shall endorse the coverage to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The Consultant shall endorse the commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 ix. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be cancelled or non-renewed except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to County Representative. If any insurance company refuses to provide the require notices, the Contractor or its insurance broker shall notify the County of any cancellation, suspension, non-renewal of any insurance within seven (7) days of receipt of insurers’ notification to that effect. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. Contractor shall indemnify up to the insurance amounts required by this agreement, hold harmless and, not excluding the County’s right to participate, defend the County, its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys’ fees and costs, (hereinafter referred to collectively as “claims”) for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the County. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Elizabeth Sanchez Jail Administrator 885 Chambers Ave. Post Office Box 359 Eagle, CO 81631 Telephone: 970-328-8564 Facsimile: 970-328-8592 E-Mail: Elizabeth.sanchez@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONSULTANT: Rocio Andrade Individual Contractor PO Box 2103 Gypsum, CO 81637 970-390-7184 Andraderocio096@gmail.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 12. Termination. Either party may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with thirty (30) calendar days’ prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 16. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. a. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. As permitted by law, Contractor will promptly return or destroy any County Data upon request from the County Representative. a. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. 17. Confidentiality. Contractor understands that it, its employees, agents, subcontractors, agents, and assigns will be exposed to proprietary or privileged information while performing the services contemplated by this Agreement with Eagle County, whether this information involves a single staff, volunteer, client or other person or involves overall agency business. Except as otherwise required by law, Contractor agrees to maintain the confidentiality of all of the above-mentioned persons and agency, including their identification, description or participation in any program. Breach of this provision may be a criminal offense, and is grounds for immediate termination of this Agreement. Should Contractor or its employees, agents, DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 subcontractors, agents, and assigns be approached by a representative of the media, they will direct them to the County Representative. No recordings of any services contemplated by this Agreement are allowed without written permission of the County. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT: ROCIO ANDRADE By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 MSW-SWC Rocio S Andrade EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Services On behalf of the Eagle County Sheriff (“ECSO”) the Consultant will provide certain professional behavioral and mental health services at Eagle County Detention Facility (the “Jail”), which will include clinical therapy and substance abuse counseling to all inmates in the Jail, as well as coordination, planning and recommendations to Jail Staff (“Services”). Services to be provided will vary from inmate to inmate depending on the circumstances, but generally include the following: • Diagnostic evaluations to assess an inmate’s behavioral health needs, as well as their strengths and resources, but only after the inmates are medically cleared for mental health screening; • Clinical therapy, using best practices for inmates who are experiencing behavioral health and/ or substance use difficulties; • Structured psychoeducational services for inmates; • Work with inmates to create post incarceration plans that involve engaging in behavioral health services outside of the jail and addressing other psychosocial barriers that could impact the inmate’s success outside of the jail; • Collaboration with the Jail case manager on pre-release planning; • When requested, work with Jail staff to create behavioral plans to address difficult inmate behaviors in the Jail, which may include working w/ Jail staff on administrative segregation review discussions, special housing considerations and recommendations regarding disciplinary measures as they may generally pertain to inmates with mental health concerns; • Coordination and collaboration with the Jail medical team and ECSO leadership regarding continuation of care for an inmate housed in the Jail who would benefit from behavioral health services. • Coordination with Your Hope Center, the entity that generally provides mental health crisis services for inmates to determine the potential for ongoing support for inmates who have received crisis support. As needed and where it is believed to be beneficial, the Consultant will share pertinent information with Your Hope Center about inmates in crisis and on the Detention Center’s Special Watch Protocol Step Program (“Step Program”) . • Consultant will initiate follow up meetings w/ inmates finishing the Step Program and when crisis protocols are completed to provide continued care and support for post crisis inmates. Coordination of and Limitations Regarding Services • The Consultant and the Jail leadership will work together to continue to refine this program in a way that meets the needs of the Jail and provides solid clinical care to the target DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 population.. As not all inmates require behavioral health services, meeting with Jail staff and Jail medical staff is necessary to evaluate the ever-changing population to identify inmates who will benefit from such services. Inmates who may benefit from behavioral health services in the jail may be identified in both formal and non-formal ways as shared by Jail staff. • For the avoidance of doubt, the aforementioned Services will not include, and the Consultant will not provide, nor be responsible for, nor hold any legal liability with respect to, any deputy trainings, including, but not limited to, the provision of any deputy training relating to suicide assessment or mental health training. • Consultant acknowledges that Services are being provided in a correctional setting and agrees to comply with all directives of the ECSO concerning place, time and manner of communications with inmates. Schedule The weekly set schedule will be predetermined and agreed upon by the Consultant and the Jail. The goal is for Consultant will deliver twenty (20) hours of work Services to the Jail per week. It is expected that the Consultant will be present at the Jail while performing the services. The Consultant will provide a proposed schedule to the Jail designee at the start of each month. Consultant understands and agrees that the schedule is subject to change by way of cancellation of a planned day or time for performance of the Services based on the legitimate penological interests of, and to ensure the safety of inmates and staff at the Jail. The parties acknowledge that the scope of work initially outlined in this contract is based on an expectation of 20 hours per week. In the event that it becomes necessary to increase the weekly hours to more than 20 hours per week, the parties may mutually agree to amend this contract to reflect the revised scope and compensation. Any such amendments shall be made in writing and signed by both parties. Records Eagle County Sheriff’s Office shall be permitted to use and/or disclose Protected Information provided or made available from Consultant consistent with 45 CFR § 164.512(k)(5), if necessary for: i. The provision of health care to such individuals; ii. The health and safety of such individual or other inmates; iii. The health and safety of the officers or employees of or others at the correctional institution; iv. The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; v. Law enforcement on the premises of the correctional institution; or vi. The administration and maintenance of the safety, security, and good order of the correctional institution. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 Fees Consultant will be paid for performance of the services at the rate of $80 per hour. The parties anticipate that Consultant will provide approximately 20 hours of services per week. Consultant will not be compensated for travel time or out of pocket expenses, unless otherwise agreed by the parties in writing. DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98 DocuSign Envelope ID: 99E51B79-30B1-42B7-80BA-A64E10D8FA98