HomeMy WebLinkAboutC03-014 Colorado West Mental Health CenterC'_ U~ - ~`f -zz ~ ~ AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO WEST MENTAL HEALTH CENTER THIS AGREEMENT, made and entered into this 14th day of January, 2003 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 Center, (hereinafter referred as the "Contractor"). WITNE5SETH: 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 complete the initial Coaching and Consultation program services for Blue Lake Preschool and the Children's Garden. These services will be limited to Blue Lake Preschool Mental Health Consultation(parents & staff): 32 hours Evaluation and Closure: 8 hours Early Childhood Consultation: 24 hours Children's Garden Mental Health Consultation (parents & staff): 216 hours Early Childhood Consultation : 49 hour These services are to be completed by February 28, 2003. The mazimnm amount of reimbursement under this contract will be $ 7866.40. The detailed budget of these services is attached to this contract. B. ECHHS agrees: a. to monitor the provision of contracted service. b. to coordinate access to treatment service funding through Medicaid, Family Issues Cash Fund, CORE Services, TANF/Child Welfare services and other treatment programs through Health & Human Services. c. to pay Contractor after receipt of billing statements for services rendered satisfactorily and in accordance with this Contract Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 2 C. Contractor agrees: a. not to assign any provision of this Contract to a subcontractor without the written permission of the County. b. not to charge clients any fees for the services provided under this Contract. c. to hold the necessary license(s) which permits the performance of the service to be purchased, and/or to meet applicable State Department of Human Services qualification requirements. d. to comply with the requirements of the Civil .Rights Act of 1964 and Section 504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. e. to assure that the service described herein is provided to ECHHS at cost not greater than that charged to other persons in the same community. f. to submit a billing statement in a timely manner, no later than 45 days after services. Failure to do so may result in nonpayment. g. to safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and Eagle County Health and Human Services. h. to provide ECHHS with a final report on provision of service which will include: > Activities conducted under this contract. > Assessment of services provided under this contract which will include outcomes for child care programs, families and children. > Progress and barriers in implementing program goals. i. to submit to the County a statement of services provided no later than March 15, 2003. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence January 1, 2003, and end February 28, 2003. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on 10 days' notice if it is deemed by the County that the Contractor is not fulfilling the program as specified in this agreement, or for other sufficient reasons. Any unexpended funds maybe 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, 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. • Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 3 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 maybe 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 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: THE COUNTY: THE CONTRACTOR: Eagle County Colorado West Mental Health Center c/o Health & Human Services c/o Ken Stein P. O. Box 660 P.O. Box 40 Eagle, CO 81631 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 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. INSURANCE At all times during the terms of this Agreement, Contractor shall maintain the following insurance: Tyke of Insurance Workers' Compensation Employer's Liability, including occupational disease Comprehensive Automobile Liability, including all owned, non-owned, and hired vehicles. Comprehensive General Liability, including form property damage. Coverage Limits Statutory $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. $150,000 per person and $600,000 per broad occurrence or as specified in the Colorado Governmental Immunity Act, whichever is Professional Liability Insurance greater. $ 500,000 per occurrence Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 4 7. NIISCELLANEOUS 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 parry. 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 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 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 judgements, together with all costs and expenses incident thereto 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. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. 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 of 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). • • Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the above sited date. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. ~[,,, c~,n County of Eagle, State of Colorado, e ~ ~~ ~"e ~ By and Through Its BOARD of COUNTY COMMISSIONERS ATT ~ _...... ~ ~r~~~ ~ o~®c~~~® ~ ~ ~~ ~~ `~' s BY: ~ _ lerk of the of Chairman County Commissioners Eagle County Board of Commissioners CONTRACTOR: Colorado West Mental BY:_ TITLE: Date: December 12, 2003 To: Kathleen Forinash From: Jane West and Kristi Grems Colorado West Mental Health • ATTACHMENT A: BUDGET Re: 2003 completion of child care centers begun in 2002 As requested, we are providing you with the estimates for the completion of the two schools that will continue into next year. Please let us know if we can provide any additional information to further this process. Thank you for your cooperation. We look forward to an exciting and productive 2003. ESTIMATES FOR THE COMPLETION OF THE CHILDREN'S GARDEN AND BLUE LAKE Children's Garden (completion date Februrary 28, 2003) $5759 Blue Lake (completion date January 31, 2003) $1637.40 Office expenses (2 months at $75 per month) $ 150 Kristi's coordination of project (4 hours x 4 weeks at $20/hour) $ 320 Total for the addendum= $7866.40 BREAKOUT OF THE ESTIMATES 1) Children's Garden of Learning, end date February 28, 2003 Mental Health Consultation Consultant Hours Preschool Kristi Grems--$20/hour for 15 hours per week for 8 weeks= $2400 Toddler Olga Wilkins--$18/hour for 12 hours per week for 8 weeks= $1728 Mileage Kristi 60 miles per week for 8 weeks at .345= $ 165.6 Olga 40 miles per week for 8 weeks at .345= $ 110.4 Two parent nights $ 80 Educational Consultation Preschool, Moe's work Siesta seminars 5 hours Teacher feedback 3 hours Plan formulation 2 hours Parent night 3 hours Documentation 3 hours Total 16 hours x $25/hour= $ 400 • Toddler House, Moe's work (2 Toddler rooms) Teacher interviews 5 hours ITERS 12 hours Feedback/planning 5 hours Documentation 3 hours Siesta seminars 4 hours Classroom modeling 4 hours Total 33 hours x $25/hour= Mileage 18 miles per week x 8 weeks at .345= CHILDREN'S GARDEN TOTAL $825 $ 50 $5759 2) Blue Lake Preschool, Completion Date January 31, 2002 Mental Health Consultation--Tammy Perry Treatment phase of the project 8 hours x 4 weeks x $25= Evaluation/closure at school 8 hours x $25= Mileage (an estimate) 20 miles/week x 4 weeks at .345= Educational Consultant--Bertha Campbell Finalization of the plan, delivery of plan to the director, siesta Seminars for 4 weeks at 6 hours per week at $25/hour- Mileage (estimate) 30 miles x .345= $800 $200 $ 27.2 $600 $ 10.2 BLUE LAKE'S TOTAL= $1637.40