HomeMy WebLinkAboutC03-037 Colorado West Regional Mental Healthr
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PURCHASE OF SERVICE CONTRACT - NINE COUNTY REGIONAL AGREEMENT
CORE SERVICES PROGRAM - SUBSTANCE ABUSE
THIS PURCHASE OF SERVICE CONTRACT for Core Services (this
"Agreement") made by and between the Boards of County Commissioners
of Garfield County, Eagle County, Grand County, Jackson County,
Moffat County, Pitkin County, Rio Blanco County, Routt County and
Summit County, State of Colorado (collectively "BOCCs" and
individually "BOCC") and Colorado West Regional Mental Health Inc.,
a Colorado Corporation, whose address is 6916 Highway 62, Box 40,
Glenwood Springs, Colorado 81602, and whose tax identification
number is 84-0625890 ("Contractor").
WHEREAS, BOCCs are mandated to provide Core Services, through
their County Departments of Human Services/Social Services ("County
Departments"), by the Human Services Code, ~ 26-1-101, et seq.,
C.R.S. as amended and the Colorado Childrens' Code § 19-3-208,
C.R.S. as amended; and
WHEREAS, Contractor is engaged in
substance abuse services and is willing
a nine county region; and
the business of providing
to provide such servi
WHEREAS, BOCCs desire to engage the Contractor to
certain substance abuse services.
NOW THEREFORE, in consideration of the premises and the
obligations, agreements, and promises contained herein, the parties
'\ agree as follows:
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I. SCOPE OF SERVICES.
A. Services, Clients, Place of Service. Within the financial
parameters described in Section IV.E., below, Contractor shall
provide substance abuse services, including but not limited to
intensive outpatient group therapy, individual therapy, random
urinalysis and drug patch program, substance abuse evaluations,
halfway house and "ARU" residential programs to all clients
referred to Contractor in the nine county area governed by the
BOCCs. Such services shall be provided in Eagle, Garfield, Pitkin,
and Summit Counties ("4-county Group") and in Grand, Jackson,
Moffat, Rio Blanco, and Routt Counties ("5-county Group").
Services shall be delivered at designated offices, clients' homes
and other locations approved by the BOCCs or any one of them,
through their County Department Directors, as stated in 14, below.
Contractor shall provide services in accordance with State
Department of Human Services regulations, found at 12 CCR 2509-4,
Section 7.303.1, as amended, and as described in that certain
County Core Services Plan, executed by the Garfield County BOCC on
April 25, 2002 on behalf of the 4-county Group and the 5-county
Group. Services shall be provided in a satisfactory and proper
manner, as determined in the sole discretion of the BOCCs.
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B. Contractor's Reports. Contractor shall provide each BOCC,
through its County Department Director or his/her designated
representative, as stated in Section XIV, below, with reports on
its provision of services, as follows:
1. Treatment Plan. Within four (4) weeks of initiation of
services for an identified client, Contractor shall submit an
individualized treatment plan, with stated objectives and
target dates, to the appropriate County Department Director or
his/her designated representative. Treatment plans shall be
subject to the approval of the County Department Director or
his/her designated representative, who shall initiate
discussion between the client's social caseworker and
substance abuse professional, as needed to develop an agreed
upon services plan.
2. Progress Reports. At intervals of three (3) months from
the time of initiation of services, Contractor shall provide
the appropriate County Department Director or his/her
designated representative with follow-up reports for each
identified client.
C. Confidentiality. It is specifically understood that only
aggregated non-identifiable client. services data shall be present
to the BOCCs or any one of them in public session. Client specific
reports are subject to the confidential rules of Sections 19-1-101,
et seq. and 26-1-101, et seq., C.R.S., as amended; the federal
Health Insurance Portability and Accountability Act of 1996 and the
federal statute regarding confidentiality of alcohol and drug abuse
patient records, at 42 U.S.C. Section 290 dd-2; and other
applicable federal and state law and regulation.
II. COUNTY RESPONSIBILITIES. The BOCCs, through their County
Departments, shall: (1) determine client eligibility; (2) provide
Contractor with written authorization for provision of services;
(3) provide Contractor with appropriate referral information, such
as name, address, and social, medical and educational information
as appropriate to the referral; (4) provide the appropriate 4-
county Group and 5-county Group contract administrator, as
identified in Section XIV, below, with summary financial data
without client specific billing records, on a monthly basis.
III. TERM OF AGREEMENT. The term of this Agreement shall begin,
retroactively, on June 1, 2002, and shall terminate on May 31,
2003, no matter the date of execution.
IV. COMPENSATION.
A. Amount and Method of Payment. For performance of the scope
of services set forth in Section I, above, Garfield BOCC shall pay
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the Contractor Three Thousand Thirty-One Dollars and Twenty-Five
Cents ($3,031.25)per month, on or before the last day of each month
for services provided to referred clients in the 4-county Group.
Moffat BOCC shall pay the Contractor Three Thousand Thirty-One
Dollars and Twenty-Five Cents ($3,031.25)per month, on or before
the last day of each month for services provided to referred
clients in the 5-county Group. The monthly compensation reflects
a three percent (3%) retainage of State allocated funds by Garfield
BOCC and Moffat BOCC for administration of this Agreement on behalf
of the 4-county Group and the 5-county Group.
B. Not to Exceed Figure. In no event shall the compensation
paid under this Agreement exceed Seventy Five Thousand Dollars
($75,000.00) for all services provided to all referred clients in
the nine county region, with fifty percent (50%) of the total
allocated to Contractor by the 4-county Group and fifty percent
(50%) allocated to Contractor by the 5-county Group.
C. No Fee-For-Service. Contractor shall not charge referred
clients fees for services provided under this Agreement.
Compensation in accordance with the terms of this Agreement
represents full payment of fees by the BOCCs for services provided
to referred clients.
D. Contractor's Submittals. Contractor shall submit a
statement, including a summary invoice of services provided to all
clients in each county and client specific billing records, to each
County Department Director or his/her designated representative in
a timely manner. Client specific billing records shall be due, in
no event, later than forty-five (45) days after the provision of
service. Contractor shall also provide the 4-county Group and 5-
county Group contract administrators, as identified in Section XIV,
below, with a quarterly "summary invoice" of services provided
within each area, without client specific billing records. Such
quarterly invoices shall include, at a minimum, summary information
as to type of service, total hours provided, rate for service, and
total dollar amounts per type of service.
E. Risk Corridor. It is recognized that the dollar amounts
specified in Subsections A and B, above, represent a retainer
method of Contractor compensation, not a client-number fee for
service payment system. The parties agree to continue to make
efforts to co-ordinate client specific service and cost tracking.
In order to control costs and manage the expenditure of public
funds, the BOCCs and Contractor agree:
1. Ceiling. At any point in the contract period if it appears
from Contractor's record keeping that the Contractor is likely
to exceed the not-to-exceed figure, specified in Subsection B,
above, Contractor shall notify the BOCCs through the 4-county
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Group and 5-county Group contract administrators, identified in
Section XIV, below. Upon such notification, the 4-county Group
and 5-county Group contract administrators shall initiate a
reconciliation of billing records and negotiations with
Contractor regarding payment for continued services. In any
event Contractor shall continue to provide services to referred
clients, without additional payment by the BOCCs, until the
dollar value of delivered services reaches a ceiling of One
Hundred Twenty Percent (120%) of the not-to-exceed figure
(120.00 x $75,000.00 = $90,000.00, minus 3% administrative
retainage fee). Should the 120% ceiling be reached without
agreement on additional payment by way of an amendment to this
Agreement, Contractor shall cease provision of services and
BOCCs shall cease referral of clients.
2. Floor. At any point in the contract period if it appears
from the BOCCs' records that compensation, paid under terms of
Subsection A above, is likely to be under expended such that
Eighty Percent (80%) or less of the not-to-exceed figure,
identified in Subsection B above, (.80 x $75,000.00 =
$60,000.00, minus 3% administrative retainage fee) will likely
be used by Contractor, the BOCCs, through the 4-county Group and
5-county Group contract administrators, shall notify the
Contractor and initiate a reconciliation of billing records.
Should account reconciliation show an under usage of Eighty
Percent (80%) or less of the not-to-exceed figure, i.e, usage of
$60,000.00 (minus 3% administrative retainage fee) or less,
Contractor and the BOCCs shall negotiate a resolution in good
faith, including without limitation, termination of this
Agreement under terms of Section XII., below.
V. FUNDING CONTINGENCY. In accordance with X29-1-110, C.R.S.,
as amended, the BOCCs are not authorized to expend monies which
have not been appropriated. Payment pursuant to this Agreement is
subject to and contingent upon funds being appropriated, budgeted
and otherwise made available by the BOCCs, the State of Colorado,
and/or federal funding sources, as applicable to this Agreement.
VI. INDEPENDENT CONTRACTOR. The Contractor shall provide the
services identified in Section I, above, as an independent
contractor providing supervision of its employees, agents and
subcontractors. The Contractor represent that it has or will
secure at its own expense all personnel required to perform the
scope of services identified in Section I, above. Contractor shall
ensure that its personnel are professionally licensed, as required
by law, and meet applicable State Department of Human Services
qualification requirements. Contractor's employees, agents and
subcontractors are not employees or agents of the BOCCs or any of
them and do not have a contractual relationship with the BOCCs or
any of them. Neither the Contractor, nor any of Contractor's
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employees, agents or subcontractors shall be entitled to any
benefits or attributes of employment by the BOCCs or any of them,
including without limitation workers compensation or health
insurance coverage.
VII. SUBCONTRACT AND ASSIGNMENT.
A. General. Contractor shall not subcontract with another
individual or entity for performance of the services described in
Section I, above, and shall not assign or otherwise transfer its
rights or delegate its obligations under this Agreement without the
prior approval of the BOCCs.
B. Individual case basis. In the event that Contractor cannot
provide an eligible client with substance abuse services, as deemed
adequate by the referring County Department Director or his/her
designated representative, Contractor shall purchase the services
on a subcontract basis. Within two (2) weeks of such a referral,
Contractor, through its local Program Directors, shall consult with
the referring County Department Director or his/her authorized
representative regarding alternative treatment resources and
resolve disputes, if any, regarding subcontracted services. County
Department Directors shall have final authority over the purchase
price of subcontracted services and the selection of the alternate
service provider. Any such subcontracting, however, shall not
exceed the not-to-exceed amount stated in Section IV. B., above.
Subcontracting on an individual case basis shall be approved by the
signature of the relevant County Department Director or his/her
authorized representative on the named County Department's referral
form.
VIII. INFORMATION, AUDITS AND INSPECTIONS. At such times and in
such forms as the BOCCS or any of them may require, Contractor
shall furnish statements, records, reports, data and information
pertaining to the matters covered by this Agreement. At any time
during normal business hours and as often as the BOCCS or any of
them may deem necessary, Contractor shall make available for
examination and audit by the BOCCs or any of them and the State
Department of Human Services or authorized representatives thereof,
all of the Contractor's records, materials, reports, information
and data with respect to matters covered by this Agreement. All
such information shall be maintained by Contractor for a period of
seven (7) years after final payment is made to the Contractor under
this Agreement.
IX. INDEMNIFICATION. The Contractor shall indemnify, hold
harmless and defend the BOCCs and each of them and their employees,
agents, and officers, acting officially or otherwise, from and
against any and all claims, damages, liability and proceedings of
any kind, including attorneys fees, arising out of this Agreement,
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other then those resulting from the negligence or willful
misconduct of the BOCCs or any of them, their employees, agents, or
officers.
X. INSURANCE. Contractor shall maintain insurance with
companies authorized to do business in Colorado, on forms
satisfactory to the BOCCs, in at least the following minimum
coverage amounts:
GENERAL LIABILITY: $150,000.00 per person, $600,000.00 per occurrence.
AUTOMOBILE LIABILITY: $150,000.00 per person, $600,000.00 per occurrence.
WORKERS COMPENSATION: Aa required by Colorado Law.
PROFESSIONAL MALPRACTICE INSURANCE: Contractor and its personnel, in a
minimum amount of $1,000,000 per claim, $3,000,000 aggregate.
Contractor shall name each of the BOCCs as additional insureds, as
applicable, on the general and automobile liability policies.
Contractor shall deliver copies of policies or Certificates of
Insurance to the appropriate BOCC within a reasonable time after
execution of this Agreement and on each policy renewal date.
XI. COMPLIANCE WITH LAWS. The Contractor shall comply with all
laws, ordinances, codes and regulations of the federal, state, and
local government applicable to this Agreement. Without limiting
the generality of this Section XI., Contractor, in its performance
under this Agreement: (1)shall maintain client confidentiality,
including confidentiality of records, in accordance with state and
federal law, rules and regulations; and (2) shall not discriminate
against any person on the basis of race, color, national origin,
religion, sex, age or handicap. Any fines paid or expenses
incurred by the BOCCs or any of them, due to Contractor's violation
of applicable law or regulation, shall be reimbursed to the payor
by the Contractor.
XII. MUTUAL TERMINATION FOR CONVENIENCE. BOCCs and Contractor
may terminate this Agreement, without cause and for convenience,
upon thirty (30) days written notice to the non-terminating party.
Upon such termination, Contractor shall be entitled to compensation
for services performed prior to the date of termination.
XIII. BOCCs' TERMINATION FOR CAUSE. If the Contractor fails to
fulfill its obligations under this Agreement in a timely and proper
manner, as determined by the BOCCs, or if the Contractor violates
any of the terms or provisions of this Agreement, the BOCCs shall
have the right, in their sole discretion, to terminate this
Agreement by giving written notice to the Contractor at least
fifteen (15) days before the effective date of the termination. In
such event, Contractor shall be entitled to receive just and
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equitable compensation for work satisfactorily completed prior to
termination. Contractor shall not, however, be relieved of
liability to the BOCCs for damages sustained by the BOCCs by virtue
of any breach of this Agreement by the Contractor. The BOCCs may
withhold payments due to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the BOCCs from
Contractor is determined.
XIV. CONTRACT ADMINISTRATORS AND CONTACT PERSONS.
A. Contract Administrators. Contract administrators regarding
contract administration, financial management, and evaluation of
the performance of the scope of services described in Section I,
above, are as follows:
1. BOCCs. Lynn Renick, Garfield County Director, for the 4-
county Group and Marie Peer, Moffat County Director, for the 5-
county Group; and
2. Contractor. Ken Stein, Executive Director, Colorado West
Regional Substance abuse Center, Inc.
B. Contact Persons. Contact persons for issues regarding an
individual county or an individual client of a County Department
are:
1. BOCCs. the appropriate County Department Director or
his/her designated representative(s); and
2. Contractor. the appropriate Program Director in each
county.
XV. AMENDMENT. Any mutually agreed upon amendment, including
without limitation any change in the scope of services, whether or
not resulting in an increase or decrease in the amount of
compensation, shall be incorporated in a written amendment to this
Agreement. Amendments shall be executed with the same formality as
this Agreement, except as to change of address or name of contact
person. Address and contact information shall not be considered an
amendment to this Agreement and notice of such may be given by way
of regular mail, telephone, or facsimile transmission.
XVI. NOTICE. Notices required under this Agreement, other than
changes in address or contact information, shall be delivered by
way of certified mail, return receipt requested, to the addresses
for signatories, written below.
XVII. CONTROLLING LAW. This Agreement shall be governed by the
laws of the State of Colorado and venue for any action arising out
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of or relating to performance of this Agreement shall be in
Garfield County or Moffat County, as appropriate.
XVIII. SEVERABILITY. If any term or provision of this Agreement
is declared invalid or becomes inoperative for any reason, such
invalidity or failure shall not affect the validity of any other
term or provision.
XIX. AUTHORIZATION. Each of the individuals signing below
affirms that he/she is properly authorized to execute this
Agreement on behalf of the governmental agency or private entity
party to this Agreement.
XX. INTEGRATION. The entire agreement of the parties is
encompassed within this Agreement. No other oral or written
representation or agreement shall be of any force or effect.
IN WITNESS WHEREOF ts~e parties hereto have executed this
document. ~
BOARD OF CmU~TT~.C COMMISSIONERS
ATTEST: GARF LD C NTY, CO 0 DO
/_ zo -03 By:
Garfield County lerk John artin, hair
Date : 1 Z ® 3
APPROVED:
Garfield County Department of
Social or Designee
By:
Lyn e ick, Director
P.O. Box 850
Glenwoo Springs, CO 81602
ATTEST:
BOARD OF COUNTY COMMISSIONERS
GRAND COUNTY, COLORADO
Grand County Clerk
Nine-County Regional Core Services -Substance Abuse
Colorado West Regional Mental Health System
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By:
Date:
g
Chair
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of or relating to performance of this Agreement shall be in
Garfield County or Moffat County, as appropriate.
XVIII. SEVERABILITY. If any term or provision of this Agreement
is declared invalid or becomes inoperative for any reason, such
invalidity or failure shall not affect the validity of any other
term or provision.
XIX. AUTHORIZATION. Each of the individuals signing below
affirms that he/she is properly authorized to execute this
Agreement on behalf of the governmental agency or private entity
party to this Agreement.
XX. INTEGRATION. The entire agreement of the parties is
encompassed within this Agreement. No other oral or written
representation or agreement shall be of any force or effect.
IN WITNESS WHEREOF the parties hereto have executed this
document.
BOARD OF COUNTY COMMISSIONERS
ATTEST: GARFIELD COUNTY, COLORADO
Garfield County Clerk
By:
APPROVED:
Garfield County Department of
Social Services, or Designee
By:
Lynn Renick, Director
P.O. Box 850
Glenwood Springs, CO 81602
ATTEST:
Date:
John Martin, Chair
BOARD OF COUNTY COMMISSIONERS
GRAND COUNTY, COLORADO
~ -°~-~f
rand County Clerk
~~ (nom
Nine-County Regional Core Services -Substance Abuse
Colorado West Regional Mental Health System
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By: -
Chair
Date: Z' y-o 3
8
ATTEST:
~~
Jackson County Clerk
•
BOARD OF COUNTY COMMISSION
JACKSON CO TY, COLORAD
By:
Chair
Date . / ~~ ~~
APPROVED:
Grand County and Jackson County
Department of Social Services,
or Designee
By: ~ ~
Philip aes Director
Address : P®' ~~k 2oy
~ ~` S~ ~~ s.~r,~,~ , Cold g~~ysi
ATTEST:
Eagle County Clerk
BOARD OF COUNTY COMMISSIONERS
EAGLE COUNTY, COLORADO
By:
Chair
Date:
APPROVED:
Eagle County Department of
Health & Human Services, or
Designee
By:
Kathleen L.
Director
Address:
Fornash,
ATTEST:
Pitkin County Clerk
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By:
Chair
Date:
Nine-County Regional Core Services -Substance Abuse
Colorado West Regional Mental Health System 9
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ATTEST:
BOARD OF COUNTY COMMISSIONERS
JACKSON COUNTY, COLORADO
By:
Jackson County Clerk
APPROVED:
Grand County and Jackson County
Department of Social Services,
or Designee
By:
Philip Maes, Director
Address:
.~ ~ ~~
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ATTEST: ~ ~
~~
~ O ~) ~ ~ ~®eu~tti~ r~~~~
e Counter Clerk
APPROVED:
Eagle County Department of
Health & Human Services, or
Designee
By:
Kathl en L. or ash,
Dire or
Address:
ATTEST:
Date:
Chair
BOARD OF COUNTY COMMISSIONERS
EAGLE COUNT COLO O
By:
. Chair
Date: ~ t,~ , ~~. 2co
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By:
Pitkin County Clerk
Chair
Date:
Nine-County Regional Core Services -Substance Abuse
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APPROVED:
Pitkin County Department of
Social Se i e or De 'gnee
B ~- ~ ` ~~
Addr~,s s J ~L7~ 1 ~(~ I r~ ~(L ~/ ~/~/
ATTEST:
Rio Blanco County Clerk
APPROVED:
Rio Blanco County Department of
Social Services, or Designee
By:
Bonnie Ruckman, Director
Address:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
RIO BLANCO COUNTY
By:
Chair
Date:
BOARD OF COUNTY COMMISSIONERS
ROUTT COUNTY, COLORADO
By:
Routt County Clerk Chair
Date:
APPROVED:
Routt County Department of
Social Services, or Designee
Bv:
Robert White, Director
Address:
Nine-County Regional Core Services -Substance Abuse
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APPROVED:
Pitkin County Department of
Social Services, or Designee
By:
Kate
Address:
Jangula, Director
ATTEST:
_~ ~~
Rio Bl nco County Clerk
•
BOARD OF COUNTY COMMISSIONERS
RIO BLANCO COUNTY
By: _~~.., c~l~
Chair
Date : ~ r~ ~ ~d~
APPROVED:
Rio Blanco County Department of
Social Services, or Designee
w
By:
Bonnie R kman, Director
Address : ~4~5 ~i~. i~~~ ~ ~6~/
ATTEST:
Routt County Clerk
BOARD OF COUNTY COMMISSIONERS
ROUTT COUNTY, COLORADO
By:
Date:
Chair
APPROVED:
Routt County Department of
-- ocia ervices, r e i nee
By:
Robert
Address:
White, Director
Nine-County Regional Core Services -Substance Abuse
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APPROVED:
Pitkin County Department of
Social Services, or Designee
By:
Kate Jangula, Director
Address:
ATTEST:
Rio Blanco County Clerk
APPROVED:
Rio Blanco County Department of
Social Services, or Designee
By:
Bonnie Ruckman, Director
Address:
•
BOARD OF COUNTY COMMISSIONERS
RIO BLANCO COUNTY
By:
Chair
Date:
~-."~
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,7,.J:~
~:~: ~'~:~~ ~;~ BOARD OF
ATTEST: ~ ~,~ r, ROUTT CO
'~ ,
.;
ai _ _~ a
Rou County Cle~` ~~
~'~~''~'"~ Date
APPROVED:
Routt County Department of
Social Services, or Designee
By:
Robert White, Director
Address:
SSIONERS
. Moief er Chair
Niae-County Regioaal Core Services - Substanco Abuse
Colorado West Ite~onal Mental Health System 10
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ATTEST:
`~
Summit County Clerk'
BOARD OF COUNTY COMMISSIONERS
SUMMIT COUNTY, CO
By:
w M, (r,~,~sk~~,t,~ , Chair
Date:
APPROVED:
Summit County Department of
Social Services, or Designee
By:
Susan Gruber, .Director
Address : `~U. ~Co 9
~~~~.~ ~'o SD~'f3
~~
ATTEST:
Moffat County Clerk
BOARD OF COUNTY COMMISSIONERS
MOFFAT COUNTY, COLORADO
By:
Date:
APPROVED:
Moffat County Department of
Social Services, or Designee
By:
Marie
Address:
Peer, Director
CONTRACTOR:
By:
Ken Stein,
Executive Director,
Colorado West Regional
Mental Health, Inc.
Address: 6916 Highway 82,
Box 40
Glenwood Springs,
81601
Date:
Chair
Approved ~&
io Porm
~~
gal
CO
Nine-Cormty Regional Core Services -Substance Abuse
Colorado West Regional Mental Health System 11
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Garfield County
ATTORNEY'S OFFICE
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Tele: (970) 945-9150
Fax: (970) 384-5005
- __...~
~- ~' -. - t
February 26, 2003 ~ ~ 's
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Kathleen Forinash, Director ~ ~ -~-
Eagle County Department of Health and Human Services~~ -~ -
PO Box 660 ~ --
Eagle, CO 81631
Re: PURCHASE OF SERVICES CONTRACT -NINE COUNTY REGIONAL AGREEMENT
SUBSTANCE ABUSE
Dear Ms. Forinash:
Enclosed please find a fully executed original of the above-
referenced contract for your records.
If you have any questions, please do not hesitate to contact
Carolyn Dahlgren, Deputy Garfield County Attorney, or Lynn Renick,
Director of the Garfield County Department of Social Services.
Thank you for your assistance in this matter.
Sincerely,
r
MAR LYN S ENS "
Parale 1/Office Manager
mis
Enclosure
cc: Lynn Renick, DSS Director