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Home My WebLink AboutC03-163 Catholic Charities of the Western Slope~ ~ AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Catholic Charities of the Western Slope THIS AGREEMENT made this 24th day of June, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, ("County") and, Catholic Charities of the Western Slope, hereinafter "Contractor.° 1. AGREEMENT: This Agreement shall commence on January 1, 2003 and shall end on December 31, 2003. 2. SCOPE: The Contractor will provide the Miles for Smiles Dental Program in Eagle County. The Miles for Smiles Dental program will include dental assessment and care for low-income children and their families at a pazental fee of no more than $15 for each visit. The Contractor shall work with Health & Human Services, the Head Start program, School Nurses and the Rotary Child Health Program to plan and schedule services for the most at risk populations. The Contractor will also provide dental education at Eagle County schools in cooperation with the Eagle County School District and the Roaring Fork School District. Eagle County will provide the Contractor a grant in the amount of $ 6000 on or about July 15, 2003 to assist in the cost of the Miles for Smiles services for Eagle County in 2003. 3. TERNIINATION: 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 declazed bankrupt or dissolves, the County may declaze 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 DU3~'IES: 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 financial and programmatic records for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three yeazs and maybe subjected to an audit by federal, state or county auditors or their designees, as requested. If an auditor discovers misuse of funds, the Contractor shall return said misused funds to the County. The Contractor hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours notice to Contractor, for the • • Agreement between Eagle County and Page 2 Catholic Charities of the Western Slope purpose of evaluating performance under this Agreement. The Contractor will allow access to and cooperate with authorized Health & Human Services representatives in the observation and evaluation of the program and records. The Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with the County. C. Customer Service/Termination: In rendering its services, Contractor shall comply with the highest standazds of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standazds of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of the County. In the event that the County finds these standazds of customer service aze not being met by the Contractor, the County may terminate this Contract, in whole or in part, upon providing ten (10) days notice to the Contractor. D. The Contractor shall comply with all applicable rules and laws governing the practice of dentistry in Colorado. 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 an annual report regazding the number and nature of services provided under the Eagle County Miles for Smiles program. The Contractor will note the number of children and families receiving services that were Medicaid eligible; and the number of children and families receiving services that were referred by Head Start, Health & Human Services; School Nurses; and, the Rotary Child Health Project. The annual report for 2003 must be submitted by January 30, 2004. F. Contractor shall 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. G. Contractor shall 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, and the Health Information Privacy and Accountability Act. 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 & Human Services Catholic Charities of the Western Slope Post Office Box 660 1010 Grand Avenue Eagle, CO 81631 Glenwood Springs, CO 81601 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. • Agreement between Eagle County and Page 3 Catholic Charities of the Western Slope 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 Comprehensive Automobile Liability including all owned, non owned and hired Colorado vehicles Comprehensive General Liability, including broad form property damage Professional Liability Insurance $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 $ 500,000 per occurrence 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 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. 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. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. C. In the event of litigation in connection with this Agreement, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. Agreement between Eagle County and Page 4 Catholic Charities of the Western Slope D. 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. E. 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. F. The Contractor shall comply with all applicable laws, resolutions, and codes. G. 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 December 31st of each calendar year during the term of this Agreement, without the appropriation therefore 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). 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 tinder, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. I. 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 rio representations about any of the subject matter hereof except as expressly set forth in this Agreement. No alterations, amendments, changes or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. 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. __ _ ~ Y Agreement between Eagle County and Page 5 Catholic Charities of the Western Slope 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. COUNTY OF EAGLE, STATE OF COLORADO By and throu 'ts Boazd f unty Commi ione By: _ L. a er, Chairm ®~ ~~~ ^® ATTEST: ~° ~ ~ ~° ~ ~ ~~,,: Q ®(~ i'~'~,rF,a'. Clerk to the Boazd of County Commission -.. CONTRACTOR: Catholic Charities of the Western Slope By: e: ~.