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Home My WebLink AboutC02-060 Colorado West Mental HealthAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO WEST MENTAL HEALTH THIS AGREEMENT, made and entered into this f- G� day of � 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 Colorado West Mental Health,(hereinafter referred 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 counseling for Core Services and WRAP program. Specifically the contract is for the performance of counseling directed toward Intensive Family Therapy and/or Sexual Abuse Therapy to children and families in accordance with the Staff Manual Volume 7, Section 7.303 Core Services Program. B. Services Unit Cost - Services for Core Services and WRAP program will be purchased by the County from the Contractor on a services 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. s Agreement between EAGLE COUNTY and Colorado West Mental Health PAGE 2 D. Access to Services- i. Clients may only be referred to Colorado West Mental Health from the Eagle County Health & Human Services. A referral form and authorization for payment will be provided by the County. 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. 2. PERIOD OF AGREEMENT A. This Agreement shall commence February 1, 2002 and end December 31, 2002. However, the County may terminate the contract between the County and the Contractor on 10 days' notice 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 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. 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. 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 Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. �s Agreement between EAGLE COUNTY and Colorado West Mental Health PAGE 3 E. The Contractor shall provide the County (ECDHHS) with reports on provision of services within 30 days of enrollment or participation, submission of a treatment plan for the child/child's family with specific objectives and target dates. The treatment plan is subject to county approval. Thereafter, at monthly intervals, the Contractor shall submit reports that include progress and barriers in achieving provisions of the treatment plan. 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 Colorado West Mental Health FIN 84- 0625890 P O Box 40 Glenwood Springs, CO 81602 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. Any revisions, amendments or modifications shall not be valid unless in writing signed by all parties 6. INSURANCE At all times during the terms of this Agreement, Contractor shall maintain the following msurance. Type of Insurance Workers' Compensation Employers Liability, including occupational disease Comprehensive Automobile Liability including all owned, non -owned and hired Colorado vehicles Comprehensive General Liability, including broad form property damage. Malpractice Insurance Coverage Limits Statutory $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Government Immunity Act, which ever is greater. $150,000 per person and $600,000 per occurrence or as specified in the Colorado governmental Immunity Act, whichever is greater. $500,000 for each claim The 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 contract. Cj Agreement between EAGLE COUNTY and Colorado West Mental Health PAGE 4 7. 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. 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 validity 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). `, 9 Agreement between EAGLE COUNTY and Colorado West Mental Health PAGE 5 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. 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 teach 2002. The parties hereto have signed this Agreement in quadruplicate. One co to art has been delivered to the County and the Contractor. ATTEST: BY: Clerk of the Board 6f County Commissioners County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS Chairman ✓y- 'Eagle County Board of Commissioners Health KIM Colorado West Mental Ori2inals to: 1. Contract Book 2. 4- C!Ov! s to: 1, Accounting