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Home My WebLink AboutC04-113 Grass Roots Aspen AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND GRASS ROOTS ASPEN THIS AGREEMENT made this 30th day of March, 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and, Gz hereinafter "Contractor." ~- gp,~n.~~~~p8~ ~~~L~ 1. AGREEMENT: ~~ This Agreement shall commence on January 1, 2004 and shall end on December 31, 2004. 2. SCOPE: The Contractor will provide services for youth 13-18 that promote youth self-sufficiency and stabilize families in crisis. Specifically, the Contractor provides 5-7 day long intensive outdoor overnight programs that include a range of activities (e.g. skiing, snowboarding, rock climbing, rappelling, river rafting, high ropes course, etc.) and facilitated sessions that help the youth translate their outdoor experience to their life back home. Youth are invited to monthly follow- up sessions which may include life skills topics such as Interaction with Local Police, Drug & Alcohol Resistance, Immigration Issues, Job Skills, College Prep, Suicide Prevention, etc. The service unit cost is $350 for a week long session and is inclusive of services provided. Non-reimbursable activities include: > Participation in child protection, community treatment team for stafFmgs. > 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 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. • Agreement between Eagle County and Page 2 GrassRoots Aspen 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 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. The Contractor shall comply with all applicable rules and laws governing youth camps and professional youth counseling services in Colorado. The Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreeme 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 solel responsible for ensuring proper licensing and credentialing of those providing services under thi Agreement. E. Contractor shall provide the County with reports concerning services under this Agreement may be requested at the time of service authorization. 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 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. • • Agreement between Eagle County and Page 3 GrassRoots Aspen H. 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 & Human Services, and the Health Information Privacy and Accountability Act. I. The Contractor will notify Eagle County Health & Human Services immediately of all report; 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 are to make those reports directly to Eagle County Health & Human Services - (970) 328-8840 or 970-704-2760. J. The Contractor will provide information to all TANF eligible participants on the following: Food Stamps -Every participant must be informed that they aze 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. 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 c all participants served for documentation in case of an appeal. K. The Contractor shall submit monthly billings to the County. 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. L. Contractors shall participate in an annual training provided by the County regazding 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 Grass Roots Aspen Post Office Box 660 110 E. Hallam St. Unit 133 Eagle, CO 81631 Aspen, CO 81611 Notice shall be deemed given three (3) days after the date of deposit in a regulaz depository of the United States Postal Service. • • Agreement between Eagle County and Page 4 GrassRoots Aspen 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 County shall cause this Agreement to terminate. 7. MODIFICATION: Any revision, amendment or modification to this Agreement, shall only be valid if in writing 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 Automobile Liability including all owned, non-owned and hired Colorado vehicles Comprehensive General Liability, including broad form property damage Pr~es~ona~,)ri~6ili~s Coverage Limits Statutory $500,000 $150,000 per person and $600,000 per occurrence as specified in the Governmental Immunity Act, whicl is greater. $150,000 per person and $600,000 per occurrence or as spec in the Colorado Governmental Immunity Act, whichever is greater ~08,009.Per o~ryrr~ 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 at assigns. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. ,~~y 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, s' time and other claim related expense. Agreement between Eagle County and Page 5 GrassRoots Aspen 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 m 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 hav no obligations under this Agreement, nor shall any payments be made to Contractor in respect c any period after December 31st of each calendar year during the term of this Agreement, withoi 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 Colorac Revised Statutes, the Local Government Budget Law (C.R.S. ' 29-1-101 et.seq.) and the TABC 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. J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to ar 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 Page 6 GrassRoots Aspen 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: Tom C. ATTEST: ~~~c~ * ~` Jerk to the Boazd of County Commi io er ~~co~P°o CONTRACTOR: ~~ ~~~ r Title: