HomeMy WebLinkAboutC03-315 Colorado West Regional Mental Health '. ~06-.s15-Z~ AGREEMffiNTBETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO WEST REGIONAL MENTAL HEALTH TIllS AGREEMENT made this 28th day of October, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, (County) and, Colorado West Regional Mental Health, hereinafter "Contractor. II 1. AGREEMENT: This Agreement shall commence on October 1,2003 and shall end on June 30, 2004. 2. SCOPE: The Contractor will provide services that promote youth self-suf(iciency and prevent out-of- wedlock pregnancies. The target population is high school and middle school students in the Eagle River Valley. Services will be school-based and include group, individual, and family sessions for up to 100 tinduplicated TANF eligible students/families in the 2003-04 school year. The maximum amount of reimbursement under this agreement is $12,000. Reimbursement will be based on documented, actual expenses for the services delineated in Attachment A, attached hereto, and incorporated herein by this reference. Non-reimbursable activities include: > Participation in child protection, community treatment team for staffings. > Travel, except to provide in-home services. 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 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 may be 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 Agreement between Eagle County and Colorado West Regional Mental Health Page 2 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 ServiceITennination: 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, th,e 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 eligibility for services and allowable costs under the Colorado WORKS/TANF program. The Contractor shall be splely 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. This report shall include the number of youth/families participating in each of the service methodologies. An annual report shall provide information on the outcomes achieved by youth and families participating in the program 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. 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 mandatory reporters 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. I. The Contractor will provide information to all T ANF 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. Agreement between Eagle County and Colorado West Regional Mental Health Page 3 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. J. The Contractor shall submit monthly billings to the County. Requests for financial reimbursement shall be made using the form provided by Eagle County Health & Human Services. (Attachment B) Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day of the subsequent month in order to be eligible for reimbursement, except that billings for services provided through June 30, 2004 must be submitted by July 3, 2004 in order to be eligible for reimbursement. K. Contractors shall participate in an annual training provided by the County regarding program requirements and eligibility; child abuse and neglect reporting; and, financial and program reporting to the County. 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 Colorado West Regional Mental Health Post Office Box 660 P.O. Box 40 Eagle, CO 81631 Glenwood Springs, CO 81602 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. Agreement between Eagle County and Colorado West Regional Mental Health Page 4 8. INSURANCE: At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Tv:pe of Insurance Workers Compensation Employers Liability, including occupational Disease Coverae:e Limits Statutory $500,000 Comprehensive Automobile Liability including all owned, non-owned and hired Colorado vehicles $150,000 per person and $600,000 per occurrence as specified in the Governmental T11111TImity Act, whichever is greater. Comprehensive General Liability, including broad form property damage Professional Liability Insurance $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 oflitigation 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 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, Agreement between Eagle County and Colorado West Regional Mental Health Page 5 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 Jun,e 30th and 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 under, 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 no 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. 1. 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. Agreement between Eagle County and Colorado West Regional Mental Health Page 6 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. CONTRACTOR: Colorado West Regional Mental Health Attachment A T ANF Community Building Grant Proposal Colorado West Mental Health-Eagle County 395 E. Lionshead Circle Vail, CO 81657 Contact: Ron Blake, LCSW (970) 476-0930 rblake(Q2cwrmhc.orp; I. Background This proposal seeks to further and expand on-site, school-based Spanish-speaking self-sufficiency services for middle and High School students in Eagle County. A pilot program took place at Berry Creek Middle School last school year with great success. In fact, the staff at Berry Creek Middle School recommended the Colorado West staff person for an achievement award for her work in 2002-03. This year, our hope is to increase our availability to Spanish-speaking students at Eagle Valley High School and again at Berry Creek Middle School. II. Proposal Colorado West will provide weekly school-based services to Spanish-speaking students at Berry Creek Middle School and Eagle Valley High School. Colorado West staffwill offer both schools group, individual or family sessions for students identified as in-need by school counselors and staff. Colorado West will also be available for staff consultation at both schools on a weekly basis. Colorado West will dedicate approximately 10 hours per week of a mutually agreed upon staff person, divided equally between each location. Four hours will be dedicated to direct service at each location or with students/families, one hour to administrative staffing and planning/paperwork, and one hour each week for travel to and from each site. There will be additional expense related to supplies, travel and training, and weekly clinical supervision. The goals of this program are to increase youth self-sufficiency in the areas of: Familv Self-sufficiencv ~ What to consider in starting a family, prevention of unwanted pregnancy Social/Emotional Self-sufficiencv ~ How to take care of yourself: stress management . ~ Coping with depression and disappointment ~ Positive communication/relationships and conflict resolution ~ Prevention of substance abuse Colorado West proposes to provide these services to 100 unduplicated TANF eligible students/families as defined by the T ANF Services Application, throughout the 2003-04 school year. Students' parents will be required to complete the eligibility form. Attachment A Colorado West Mental Health-Eagle COunty Spanish-Speaking School Counseling Program Budget Personnel Costs tI# of Total Project Name Hourly Rate Hours Expense Olas Wilkins $20.17 432 $8,713.44 Ron Blake $90.00 18 $1,620.00 TOTAL $10,333.44 T dT raininG an ravel Destination Total Miles Rate Total Travel from Berrv Creek to EVHS 720 $0.345 $248.40 Second SleD Trainlna WorkshoD $895.00 Tralnina mileaae 290 $0.345 $100.05 TOTAL 720 $0.345 $1,243.45 SUDDles Item Cost Art Materials $200.00 Training Video $75.00 TOTAL $275.00 Other Exoenses DescriDtlon Cost Snacks $100.00 TOTAL $100.00 $10,333.44 $1,243.45 $275.00 $100.00 $11 951.89 TOTAL REIMBURSABLE Attachment B EAGLE COUNTY TANF COMMUNITY INVESTMENT GRANT REPORT Program Participants Program Title: Unduplicated number of participants Number ofunduplicated participants who are TANF eligible (The Contractor must maintain on file the individual eligibility statement) Program Activities On a separate page(s), describe the activities undertaken by the program during the reporting period. This report should include the overall work plan initiated with dates of completion; and the number of client activities by type and level of client participation (for example: six group sessions were conducted with an average attendance of 5 youth). Expenditure Report **** (please use this as a cover/summary sheet. All expenditures items being requested for reimbursement, require actual receipts or payroll reports as backup, please attach.) Personnel Costs Name Hourly rate ##of Total project Including fringe hours expense Supplies ITEM COST ~ ~ . Attachment B Trainin2 and Travel Description including rate Total Oth E er ;xoenses Description Total - lR Ii R. b Tota equest or eun ursement Personnel Supplies Training! Travel Other Total Expense Less Advance TOTAL REIMBURSABLE Mail to:Kathleen Forinash Eagle County Health & Human Services P.O. Box 660, Eagle, CO 81631 Contact Person: (person completing this form) Telephone# This report is to be completed quarterly. Reports are due: October 15, 2003 January 15, 2004 April 15 , 2004 June 15,2004 - final report. The final report must also include an assessment of program and participant outcomes.