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HomeMy WebLinkAboutC02-172 Colorado West Mental HealthAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO and COLORADO WEST MENTAL HEALTH THIS AGREEMENT made this 25th day of June, 2002, by and between the County of Eagle, State of Colorado, a body corporate and politic, ( "County ") and Colorado West Mental Health, hereinafter ( "Contractor. ") 1. PERIOD OF AGREEMENT: This Agreement shall commence on June 25, 2002, and shall end on June 30, 2003. 2. SCOPE: The County wishes to purchase and the Contractor wishes to provide services to TANF eligible participants for a Youth Life Skills program that addresses the federal goal of stabilizing families so that children may remain in their own homes; and, the federal goal of preventing out -of- wedlock pregnancy. For the purposes of this community investment grant, TANF eligible shall mean a youth who: > is a citizen of the United States or a legal resident of the United States, and a resident of Eagle County, Colorado; and, > lives with a family member within the 5ch degree of kinship; and, > whose family's gross annual income does not exceed $ 75,000. The Contractor will assure that all TANF eligible participants complete a statement affirming their eligibility for TANF services. These statements of participant eligibility will be kept on file by the Contractor for a period of three years. (See 4 -13 for record retention requirements.) The Contractor will initiate group and individual services for Hispanic youth at Berry Creek Middle School that focus on family relationships and social/emotional self - sufficiency for 117 youth during the course of a year. All youth are anticipated to be TANF eligible. A Spanish speaking mental health professional will be made available to Berry Creek Middle School for ten hours per week during the school year. This professional will conduct group educational programs on the acquisition of communication, behavior management and healthy life skills and be available for individual coaching sessions as needed to help youth and families in crisis access community mental health and other treatment services. Services provided under this grant are not mental health services that would be considered Medicaid reimbursable. Services will address the risk factors for Hispanic youth that have been identified by the Eagle County School District and the EagleCounty Cares Youth Survey. The indicators are: > graduation rate for Hispanic Youth ranges from 35% to 50 %, depending on school. > Hispanic Youth report being sexually active earlier and being less likely to use birth control than non - Hispanic Youth. • Hispanic Youth report that their families fight more frequently. • In comparison to non - Hispanic Youth, Eagle County Hispanic youth report that they feel more useless; fewer have close friends; more feel they are "no- good "; more feel hopeless about the future; more feel sad or depressed. All these indicators place Hispanic youth at -risk for not achieving self - sufficiency; not maintaining stable two parent families; and, being at risk of out -of- wedlock pregnancy. The maximum amount of this grant shall be $ 15,542 based on the following budget: Life Skills Educator 8,540 Program Supervision 2,160 Program Mileage 1,242 Program supplies 1,800 Program adm support expenses 1.800 Total 15,542 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 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. 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All funds received by Contractor under this Agreement shall be expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. B. 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 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 eligibility for services and allowable costs under the Colorado WORKS /TANF program. 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 quarterly reports concerning services under this Agreement. Reports will be due on October 15, 2002; January 15, 2003; April 15, 2003, with payments made following the receipt of reports. Such reports shall include information on: > the number of participants in the program and the percentage of TANF eligible participants. > the activities undertaken as part of the program. > the actual cost of services provided, i.e. an expenditure report for the period. A final report on the program shall be due by June 15, 2003. This final report will include: > the number of participants in the program and the percentage of TANF eligible participants. • the activities undertaken as part of the program. • the actual cost of services provided, i.e. an expenditure report for the period. • the program outcomes for the participants. F. The Contractor will provide information to all TANF eligible participants on the following: Food Stamps - Every participant must be informed that they are categorically eligible to receive at least some services and should be referred to Eagle County Health & Human Services for more information on application for benefits. Medicaid - Every participant must be informed that they may be eligible and should be referred to Eagle County Health & Human Services for more information on application for benefits. Disabilities and other Barriers - The Contractor must inform participants that they can visit the Eagle County Health & Human Services offices to receive an assessment and appropriate services that may better work with their disabilities or other barriers. Appeal Rights - The Contractor must provide participants with notice of their right to appeal to the Eagle County Department of Human Services. The Contractor will keep a record of all participants served for documentation in case of an appeal. 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 and Human Services Colorado West Mental Health P. O. Box 660 P. O. Box 1620 Eagle, CO 81631 Eagle, CO 81631 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 party 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 Workers' Compensation Statutory Employers Liability, including occupational Disease $500,000 >s Comprehensive Automobile Liability including all owned, non -owned and hired Colorado vehicles Comprehensive General Liability, including broad form property damage 150,000 per person and $600,000 per occurrence as specified in the Governmental Immunity Act, whichever is greater. $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater 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 County acknowledges that this grant does not replace or supplant any current or previous funding from the County. B. 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. C. 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. D. 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. E. 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. F. 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 Commissioners, 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 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. G. The Contractor shall comply with all applicable laws, resolutions, and codes. of H. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after June 30, 2003 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). I. 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. J. 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. K. 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 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. COUNTYzCYPTAGLE, STATE OF COLORADO By an o Board of County Commissioners By: MTC er, Chairman ?c - ATTE to the Colorado West Mental Health