HomeMy WebLinkAboutC93-013 Agreement with Colorado West Recovery CenterC)
AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE
AND
COLORADO WEST RECOVERY
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OF COLORADO
C
THIS AGREEMENT, made and entered in to this � day of
1993, by and between the Board of County
Commis oners of the County of Eagle, State of Colorado, a body
corporate and politic (hereinafter referred to as the "County ")
and Colorado West Recovery Center, (hereinafter referred to as the
"Contractor ").
W I T N E S S E T H:
THAT, in consideration of the mutual promises, covenants and
conditions contained herein, the parties hereto agree hereby as
follows:
1. SCOPE
A. The County has awarded the Contractor grant funds in the
amount of TEN THOUSAND DOLLARS ($10,000.00) for the
purpose of providing residential and outpatient services
to individuals with alcohol and drug problems.
B. In consideration for the monetary payment described in
the preceding paragraph, Contractor shall utilize and
spend the funds provided solely for the following
specific purpose (s) , subject to the general terms and
conditions as stated herein:
i. Detoxification services shall be provided to Eagle
County residents at 400 Benchmark, in Avon.
ii. All other services in addition to detoxification
shall be available to Eagle County residents at the
clinic in Glenwood Springs. Transportation shall
be provided, if required.
Grant money will be specifically used to help off-
set the cost of services provided to individuals
unable to pay themselves.
2. PERIOD OF AGREEMENT
A. The term of this Agreement shall commence January 1,
1993, and end December 31, 1993. However, the County may
terminate the contract between the County and the
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Contractor (therefore terminating this Agreement) on ten
(10) days' notice if it is deemed by the County that the
project is not fulfilling the program as specified in the
project application or for other sufficient reasons. Any
unexpended funds may be required to be returned to the
County as well as any funds not properly expended
according to project objectives.
B. Notwithstanding the above, in the event the Contractor
becomes insolvent, or is declared bankrupt, or dissolves,
then the County may declare in writing that this
Agreement is terminated, and all rights of the Contractor
and obligations of the County shall thereupon terminate
and cease immediately.
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 of 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 (3) 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 Contractor, with forty -eight (48)
hours written notice, for the purpose of evaluating
performance 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:
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THE COUNTY:
Eagle County
c/o County Attorney
P.O. Box 850
Eagle, Colorado 81631
THE CONTRACTOR:
Colorado West Recovery Center
c/o Ken Stein
P.O. Box 40
Glenwood Springs, CO 81602
S. MODIFICATIONS AND WAIVER
The Contractor shall not assign any rights or duties under the
Agreement to a third party without the written consent of the
County, which shall determine the acceptability of the third party
to the County. Any effort to effect such an assignment without
the written consent of the County will terminate the Agreement
immediately at the option of the County
6. MISCELLANEOUS
A. The parties of 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.
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 obligation 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 this
Agreement, and should that dispute result in litigation,
it is agreed that the prevailing party shall be entitled
to recover all reasonable costs incurred in the defense
of the claim, including staff time, court costs,
attorney's fees, and other claim- related expenses.
D. The validity or unenforceability of any particular
provision of this Agreement shall not affect the other
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a C)
provisions hereof, and this Agreement shall be construed
as if such invalid or unenforceable provisions were
omitted.
E. Contractor shall indemnify and hold harmless the County
with respect to any claims, liability, or judgments from
any acts or omissions of the Contractor, and any of the
Contractor's officers, employees, agents or volunteers.
F. The Contractor shall comply with all applicable laws,
resolutions, and codes of the State of Colorado and the
County of Eagle.
G. No person shall have any personal financial interest,
direct or indirect, in this Agreement.
H. The County's financial obligations under this agreement
are contingent upon its receiving sufficient revenues
within its budget.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written. 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
ATTEST: COMMISSIONERS
By:
Clerk to t Board of C ai an
County Commissioners
CONTRACTOR:
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COLORADO WEST RECOVERY CENTER
STATE OF COLORADO )
) SS
County of )
The foregoing was acknowledged Jopf ore me t day of
1993, by L _
My commission expires:
Notary Public
colorecv.93
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