HomeMy WebLinkAboutC04-093 Mountain Valley Developmental Services~ ~ ~ CO(~ ~3-z~
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AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
MOUNTAIN VALLEY DEVELOPMENTAL SERVICES
THIS AGREEMENT made this 9th day of March, 2004, by and between the County of
Eagle, State of Colorado, a body corporate and politic, "County" and, Mountain Valley
Developmental Services, hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on January 1, 2004 and shall end on December 31, 2004.
2. SCOPE:
The Contractor will provide services and supports to persons with developmental disabilities
within Eagle County. These services will provide families with supports that will minimize the
impact of the person's disability upon the family and will provide persons with disabilities with
skills that allow them to live, learn, and work in the most independent and inclusive manner
possible: Eagle County will provide the Contractor a grant in the amount of $ 10,000 in two
payments; one payment of $5000 on or about Mazch 16, 2004 and one payment of $ 5000 on July
15, 2004.
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 declared bankrupt, or dissolvesa 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 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.
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Agreement between Eagle County and Page 2
Mountain Valley Developmental Services
C. Customer Service/Termination: In rendering its services, Contractor shall co~iply 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 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 by the Contractor. The annual report for 2004 must be submitted by January
30, 2005.
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 safeguazd 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 aze considered to be
"mandatory reporters" for suspected child abuse and neglect and aze to make those reports
directly to Eagle County Health & Human Services -Adult & Family Services Division -
(970) 328-8840. Contractors shall participate in an annual training provided by the County
regazding child abuse and neglect reporting.
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 Mountain Valley Develapmental
Services
Post Office Box 660
Eagle, CO 81631
P.O. Box 338
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.
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Agreement between Eagle County and Page 3
Mountain Valley Developmental Services
6. ASSIGNMENT:
The Contractor shall not assign any of its rights or duties under this Agreement ~o 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
Comprehensive General Liability, including
broad form property damage
Professional Liability Insurance
Coverage Limits
Stahrtory
$500,000
$150,000 per person and
$600,000 per occur~`ence 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 shill provide
certificates of insurance in a form acceptable to Eagle County upon execution of Ithe 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 attorneylfees, 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.
Agreement between Eagle County and Page 4
Mountain Valley Developmental Services
E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and
the individual members thereof, its agencies, depaztments, 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 t$ereto which may
accrue against, be chazged to or be recoverable from the County, its Boazd 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 pr 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 etseq.) 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 aze 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.
J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any
third party or parries 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.
IC. 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.
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Agreement between Eagle County and Page 5
Mountain Valley Developmental Services
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 through its Boazd of County Commissioners
By:
s Tom C. one, Chairman
ATTEST: ~ ®~
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Clerk to the Bo of County Comma 6
CONTRACTOR: Mountain Valley
Developmental Services
By:
Tit e: _~~~~~~~_
EXECUTIVE CTC~ i
