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Home My WebLink AboutC06-122 (ek'- (":;),.?-Dl{' , , AGREEMEST BETWEEN EAGLE COUNTy .-\.11/0 MOUNTAIN VALLEY DEVELOPMESTAL SERVICES This Agreement ("the Agreement"), made this 17th dayof April, 2006, between Eagle County, Colorado ("County") and Mountain Valley Developmental Services ("Contractor"), WITNESSETH: Whereas, County, through its Department of Health and Human Services ("HHS"), works to prOmote the health, safety and welfare of County residents of all age:!; and Whereas, among the services County provides in order to promote such health, safety and welfare are grants-in-aid to non-profit human senice organizations whose work assists the County in the accomplishment of the Health & Human Servi~'eS goals to: >> Reducepoverty > Strengthen families in the care of their children >> Achieve well-being and independent living fur seniors and disabled adults >> Improve community health status, and > lmprovethe oommunityquaJityoflife. Whereas, the use of outside providers of such services enhances the ability of the County to promotesuchhealth,safetyandwe1fare;and Whereas, Contractor is a provider of such senices and wishes to contract with County to provide such services to County residents in need theroof. Now, therefore, in consideration of the furegoing premises and the fOJlowingpromises, County and Contractor enter into this Agreement. Article I: SCOPE Contractor shall provide services to reduce poverty; strengthen families in the care of their children; and improve community health status. Specifically, the Contractor will: >> Engage developmentally challenged adults in community activities and programs including, but not limited to, vocational services of job training and employment support; community living which prornotes independence and self-sufficiency. ... Provide early intervention and family support to families with children birth to three years of age who have been assessed as having special needs. , Collaborate with HHS in the development and implementation of a community collaborative system of early childhOod services and Participate as a member of the Eagle County EarlyChildhood Cabinet aka Early Childhood Council. Article II: TERM This Agreement shall Commence on January I, 2006 and shall terminate ou December J I, 2006. Article Ill: COMPENSATION A. Eagle County will provide the Contractor a grant in the amount of$ 20,000 in two payments; one payment of$10,000 on or about April 27, 2006 and one payment of S 10,000 on September 15,2006. B If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefor by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement. the County shall have no obligation to make such payment. If, at any time after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisio1lll of this Agroomenl, then upon '>VI'itten notice of such determination and request for reimbursement from County, Contractor sha\1 forthwith retum such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be retumed to County. lV. TER."1lNATlON County may tenninate this Agreement at any time and for any reason or no reason upon '>VI'itt en notice to Contractor specifying the date oftennination, which date shall be not less than te n(lO) days from the date of the notice. In the event Contractor files for bankruptcy oris declared bankrupt or dissolves, County may declare in '>VI'iting that this Agreement is terminated, and all rights of Contractor and obligatio1lll of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. V. CONTRACTOR'S DUTIES A. All funds received by Contractor under this Agreement shall be or have been expended sole1yforthepnrposeforwhichgranted.andanyfundsnotsoexpended,includingfundslost or diverted for other purposes,shall be retumedto County. B, Contractor shall maintain, for a minimum of3 years, adequate financial and programmatic records for reporting to County on perfonnance ifits responsibilities hereunder. Contractorshall be subject to financial audit by county auditors or their designees. Contractor authoriz.es County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Contractor, for the purpose of evaluating perforrnance under this Agreement. Contractorshall cooperate fully with authorized HHSrepresentatives in the observation and evaluation of the program and records, Contractor shall have the right to dispute any claims of misuse offunds and seek an amicable resolution with County. , C. Inrcndering irs services hereunder, Contractor ,hall comply with the highe't ,tandal'ds of cnstomel'servieetothepub]j~, ContraetorshaIlpl'Ovideappropriatt:supervisionofit>;employee, to en'ure the maintenan~e "fthese high standal'ds of customer sen';ee and pmtes,ionaIi,m, the performance of such obligation to be determined at the sole djs~retion of County. In the event that County finds these standards of customer sen'iee arc nol being met by Contrador, County may terminate this Agreement, in whole or in part upon ten (I fl) days notice to the Contra~tor, D. Contractor ,halJ comply with all applicable federal, state and local niles, I'egulations and laws govemmg sen'ices of the kind provided by C"nlractor under this .-\greement. E. The County requests the Contractor t" work in ~ollaborat;on with HHS in thc devclopment of intcr-agency referral proto~ol5l'cgarding the Contractor's and County's 'en'l~es_ The Contrador will advise lhe Diredor of HilS m wriling of all community collabol'ation activities sponsored 01' ~onvcned by the Contractor for purposes of HHS pal1icipation in su~h activitic" F. 'rbe County requests an annual written reportconceming sen'ice, under this Agreement. I'll;s report ,hall include the numbel' of adults and familie, pani~ipating in the Contractol"s services as nOlcd under, Article I: Scope, of this Agreement. This report shall also includc a doeumentationoftheoutcomesof,ervice,tolheextentthatd",Contraclol' collects this informat;ononprogramparticipant",pecif1cally: ,. the numbers <>fparlicipaling adults and families with in~omcs under 185% of the tederal poverty level who were able to achieve family incomes of 185% <>f federal family poverly 01' more as a resull "fbeing connected with e<>mmunily services that increased the total equivalcnt finan~lal re,ource, available to dle adult Or family_ > theper~entageofparlicipatingfamilieswithchildl'enidentifiedat risk ofabu'e, neglect lamily violence, or out of home placemenl for whom repcated negleCI, abuse, violence. oroutofhome pIacemenl was prevented as a resull of the progra m'and ,ervices"ftheContractor > the number, of children and adults who rcceived immunization services, WCre ~onneeted with a medi~al home, Or were able to acccs> prcventative healtb Care sen'jce, as a resuIt of the prob'fams and ,ervices ofthe Contrador. Preventative beallh servi~e' ac~ess should be separately identified by mental beaItb, dental health, medical health ser\-'i~es_ Tbe Arumal Report rnust bc subrniued no later than Decembcr 15, 2006 in order fOl' the C"ntractor to be eligible tor consideration under the Eagle County Human Seniee Cran! prugraminsub'equentyears. !' C"ntractol' shall ~"mply with the requil'ements of the Civil Rights Act of 1964 and Se~lion 504,RchabjJjtationActof1973,conceroingdiscnminationontheba,is ofracc, col<>r, sex, age. I'eligion, poIilical beliefs, nati"naIorigin, or handicap_ ; (i, Contractorshal1 ,afcgnard infonnarion and confidenlialily of the chil d and the child's family in accordance wilh rules "fthe C"lorad" Department of Human Services and Fagle Counly Health and Human Service', and the Health Information Privacy and AcC(}untabilily Act. H, (:ontractm shall notify HHS immediately of all repOlts of su'pected child abuse or neglect or adlLllprotectiveissuesinvol"ingContraclOr,incJuding,butnotJimitedl",employces,volunteers andclienl5. HHS co,maclors are con,idered to be mandaloryreporter, forslLspected childahu"" andnegleclandadul1protectiveissue,andaretomakelho",rcport,directly to HHS Adull and FamilvService, Divi,ion'1970) 32R-8840 I. ContraclOf shall palticipate in an annual lraining provided hy COlLntyrc gardingpwgram requiremem, and eligihi1ity; child abuse and neglectrcporting; and ,financialandprogram reporting to Coumy. VI.:"'OTICE Any notice required underthi,Agreement shHll he given in wrilingby registered or certif,ed mail; rcturn rcceipt rcquested which shall be addre"edas lollows: COL"NT\" CONTRACTOR, Fagle Counly Heallh & Human Services Mountain Valley Dcvelopmental p.o. Box 660 (mailing addrc,,) Service, (551 Broadway- physical location) P,O. Box 33l; Eagle,C08163l GlenwoodSprings,COS1601 "Iolice.hallbe deemed given thTee (3) Jays aftcr the dat<: ofdepo.ilina regulardepo.iloryoflhc1..'TIiled SI"leS Po,l"l ~kryice, VII. ASSIGN!'tIENT Conlractor shall nota"ign any of its nghts ordutie, under thi,Agre ementlO a lhird party witholLl the prior wrinen consent ofCounly, Counly shall lenninate lhis Agreement III the event ofanyassigllmcntwilhoutilspriorwritrenconsentofCounly, VIII. MOlllFICAHO"l Any revi,ion. amendment or modificHlion oflhis Agr<:t.-ment ,hHll be vHlid only if in writing Hnd ,igned by all partie" IX,Il\'SL'RA:-lCE At all time, during the t~1:m oflhis Agreement, Contractor ,hall maintHin in full force and elTect thefollowinginsUTHnce: I:.:m-oflns"r~nce CM<ragcL.;mj~ WOTke,,'Cor"pellSa',"" Smtulo'l' Employe" Ij.b,I'rY.lncludin~"octipa';0""ldi,ea'e $'iO~.OOD (:ompc<hcn>;"< Go,,<ral L.iaodlty. inoltidin~ $l5D.IIII~ pcrpO"Oll ,md broadrormpe<)per:y,l>mago MDO,1I110 pcr ocourrcnc" ,,,,, <pcc;lio,t ill thc Colnrado (;n"<mmo"'allmm''''''yAct whlohe'cflSgreater Pru';'"ioo.ILiaoilitl'lo>"rallco S:<IIII.OOOpofnCCUITO'K< , , , , C()nlra~!Or,hal1purchaseandmaintainsuchjnsuranceasrequiredaboveand shall provide certificates of insuranc~ in a form acc~plable to County upon execution ofthi, Agreenrent X. lHlSCELLAi"IEOIlS A. HIe relationship of Contractor to County is that ofindcpcndcnt contractor, No agent, employee or volunteer o[Contractor ,hall be deemed to be an agent. employee or v()lunt~er of COllnty. H. In the event of litigation in wllned;on with thi, Agreement, u,., prevailing party shall be entitled 10 recover all reasonable costs inculTed,including:attom ey tees.costs,statTtime and other claim rclated expeme. C. !nvalidity or u=nforccability of any provision of this Agrccmcnt shall nOlaffecttheolher provi,ion,hereof; andthi,AgreemenlshallbeconstrueJa,if'lLchinvaIiJorunentorceahk pmvi,ion was omittcd D. Contractor shall indemnify and hold harmless County.ils Hoardo[Com missioners, and the individual member, lhereol; ils ageneies, departmenls, ofi,cers, agents,employee",ervants"nd it, succe>sors from any and all demands, losses. liabilities, claim, or judgments, together wilh all costs and expen,es, including but nOllimitcd 10 attorney tees, incident thercto which may "~~TIle "gmn,t,bechargedtoorberecoverablefromCounty,il,BoardofCommissioner',andthe individual membcrs thcrcot; its agencies. deparrments, offker"age nts.employccs,scrvant,and ils ,uccessors, a,a result of the acls oromi"ioru of ConlIilCtot, ilS empl oyee,oragent"inorin parI pursuanlto lhis Agreement or arisingdire~lly orimlire~tlymll o[Contractor's exercise of its privikge, or perfonn"n~e ofils obligations under this Agreement. E. Contr"clOrshallcomplyatalltimesandinallre,pect,withallapplicable tederal,Slatc and local law" re",lution"aruJ~odes, F. '-Iotv.-'ithstanding anything 10 thc contrary contained in thi, Agreement County shall hav~ no obhgations under thi, Agreemenl aftet, not shall any payments be made to Conlnclor in respect of any period aftet, December 31 st of the calendar year oflhe Tenn of this Agreement, without an appropriation lherefnreby County in accordance wilh a budgct adoptc dbylhcBoaruo[ Counly Commissioncrs in compliance with the provision, of Anicle 25, Title J() ofthe Colorado Revised SmllLte" the Lo~al Government Budget Law (C.R.S 29-1-101 cl.se,!.) "nd the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). G, l'his Agrcement shall be govemed by the law, of the Slale of Co 10m do. Juri,diction and vcnuc for any ,,,it, nghl or causc of action arising under, or in connection with this Agr~emcnt sh"lIbcexclusiveinEagleCounty,Colomdo , .. H. This Agreement super^cdes aU prevIOus communications. n~gotiations and'or al>fe~mellls beN-een the respediv~ partie, hereto, either verbal or written, and the Same not expressly contained herein are hereby withdrawn and annulled. "Ibis is an integrated agreement and there are nO representmion3aboutanyofthe'ubje~tmall~rhereofexceptase_,-pressly set forth in this Agreement I. rhi<Agreementdoesnot,andshajJnotbedeemedor~onstruedto,confer upon or grant 10 any third party Or parties any right 10 claim damages Or 10 bring any suit, anion or other proceedmg; again't either Contractor Or County becau", of any brea~h h~reof or hecause of any orthelellns,covenants,agreemen!l;andconditionsherein. .I. Con!rd~l()r cerotic' that it has read the Agreement, understands each and every term and the requirements set torth herein, and agree' to comply with th~ same. tn Witne" Whereot; County and Contractor have executed this Agreement in triplicate on the date set forth abov~. rwo counterpart.' have been ddivered to County and on~ to Contractor, COUNT'\'" 01' EAGLE, STATE or COLORADO By and through it'.floard/},%-e;~Il1llY Commissioners / / ,,"/c. .. ""1" .' -..c,,.--'/-' /./'" B. /::'./.-./. ...,",...'.....,/-";, y.\..,,--,"~--.-- ,> / 'Pet~r F Runyon. Chainrurii ArrEST- }",.-;.\ ~....." ~=r, ."';':! Clerk to ihe Hoard ff6mnty commis~~:f;;:~f/ ..,..4 CON,R,\CTOR: Mountain Valley Developm~ntal Services ~ 7"'---------- ~~ -~/)- ,;' IHSfRIROTlON Ori"ic,3hto: -,-,=-"._- ; 'tll~\"" (;;OJ , , ' f:".R'~"l(!i. lAc..""'''''';;''': . " ,