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HomeMy WebLinkAboutC03-234 Adams Community Mental Health Center dba Community Reach Center, Inc.~4;~-~3zf-zz AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Adams Community Mental Health Center, Inc. THIS AGREEMENT made this 26th day of August, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and, Adams Community Mental Health Center, Inc, DBA Community Reach Center, Inc.,hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on September 1, 2003 and shall end on December 31, 2003. 2. SCOPE: The Contractor will provide therapeutic supervised visitation between two children under the age of six in the custody of Eagle County Health & Human Services and the children's biological mother. Supervised visitation will be for two hours on a monthly basis during the time the children remain in out of home placement. The cost of supervised visitation shall be at the rate of $55 per hour. Non-reimbursable activities include: > Participation in child protection, community treatment team for stuffings. > Travel, except to provide in-home services. > Paperwork and other in-direct administrative time. > Supervision or staff development activities. The County is responsible for the determination of family eligibility for 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. 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. 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 declazed 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. Agreement between Eagle County and Page 2 Adams Community Mental Health Center 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 financial and programmatic records 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 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 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 standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards 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 standards of customer service are 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. Contractor shall provide the County with monthly reports of services under this Agreement. E. 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. F. Contractor shall assure that the service described herein is provided to .the County at cost not greater than that charged to other persons in the same community. 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. H. The Contractor will notify Eagle County Health & Human Services immediately of all reports of suspected child abuse or neglect involving the Contractor, including, but not limited to, employees, volunteers and clients. Health & Human Services contractors are considered to be Amandatory reportersQ for suspected child abuse and neglect and are to make those reports directly to Eagle County Health & Human Services -Adult and Family Services Division - (970) 328-8840 . - • • Agreement between Eagle County and Page 3 Adams Community Mental Health Center I. The Contractor shall submit monthly billings to the County. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the filth working day of the subsequent month in order to be eligible for reimbursement. 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 Post Office Box 660 Eagle, CO 81631 Adams Community Mental Health Center, Inc. 8931 Huron Street Thornton, CO 80620 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 Workers= Compensation Employers Liability, including occupational Disease Coverage Limits Statutory $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 Im~nity 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. . - Agreement between Eagle County and Page 4 Adams Community Mental Health Center 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. 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 Boazd 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 attomey 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 calendaz yeaz during the term of this Agreement, without the appropriation therefore by the County in accordance with a budget adopted by the Boazd 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 under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 08/26/2003 09:40 FAx 3034269340 ACMHC 1~J006 .~ ~ ' ~_. Agreement becareen Eagle CovnLy and Page 5 Adams Community Mental. Health Ccntcr L This Agreement supersedes all previous communications, nego~ ~ ~tions and/or agteeraentg between the respective patties hereto, either verbal or written, and ~ ie same not expressly contained herein are hereby withdrawn and aamulled. This is an iu ~ :grated agreement and. there are no representations about any of the subj act matter hereof excel ~ ~ as expressly set forth in this Agreement. No alterations, amendments, changes, or modificatim i, , to this Agreement shall be valid nuless executed by an instmm~eat in ~vritiag signed by both p a Mies. J. This Agreement does not, and shall not be deemed or consLnied I ~, confer upon or great to arty third patty or parties any right to claim damages or to bring any su i ,action or other proceeding against either Contractor or the County because of any breach haze ~ f or because of any of the terms, covenants, agreements and condirions herein. K. Contractor hereby certifies thax it has read the Agreement, undo : stands each and. every term and the requirements set forth herein, and agrees to comply with fi ~, same. IN WIITTESS WHEREOF, the parties hereto have executed this A;, reement on the date first set forth above, The parties hereto have signed this Agreement in trip I cafe. Two counterparts have been delivered to County and one to the Contractor. COUNTY OF EAGrLE, ~' 'ATE OF COLORADO By and thm is Bo ~ ~f County ommissioners BY ®~ ~ctF c®G ~chael L. Grall.agher, C.1 ~ - ATTEST: ~ ~ ~ ~ 0 ~~tocaa® Cleric to the and of County Coanmissioners CONTRACTOR Adams :ommnnity 1VSental Health Center, Inc. ,~ -~, Title: (~ o -