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HomeMy WebLinkAboutC06-136 CDl~.1_3L,__~ AGREEMENT BETWEEN EAGLE COUNTY AND THE RESOliRCE CEl\TER OF EAGLE COl'NTY This AgrCt'mcnt ("the Agreement''), made this 25th dayoFApril, 2006, betwcen Eagle County, Colorado ("County") and The Resource Center of Eagle County ("Contnu.__1or"j, WITl\'ESSETI:l: V,llereas, County, through its Depm1ment of Health and Human Scrvices ("HHS"), worb to promotethehealth,safetyandwelfareofCountyresidcnt~Of'al1ageS: and Wherea~, among the services COllnty provides in ordcr to promote such health, ~afety 1!Ild welfare arc grants-in.aid to non-profit hllman servke organizations who~e work as~ists the COllnty in the a~~ompJi~hment of the Health & HWllun Servicc~ goals to: ." Redllcepover-ty ;.- Strengthen families in tlle care of their clJildren ;.- Achieve well-being and mdepcndent Jiving for scnior~ and di~ahled adults r Improvecommunityhealthstatu~,and r ImprovetllceommunityquaJityofJife. 'Whereas, thcu~eofoutsideprovidcn;ofsWhservieesenhanccstheahiJitYOfthe County to promote such health, ~afety and wellilre; and Whcreas,ContractorisJ providerofsllCh serviCt's and wishes to contrac t with County to provide su~h service~ to COUnty residents in need thereof Now, therefore, in consideration ofthc luregoing premise~ and the ti.,JJowing prornise~, COUnty and Contradorenterinto this Agrecment. Article l: SCOPE Contractor shall provide ~clYice~ to redllce poverty; strengthen furnilies in the care of their children; und improve health outcomes. SfX:citically,theCOntractorwiJJ: )..> Provideetisis intervention fc,lr victilllS of domestic violence who resi de in the Eagle Valley portion of Eagle County through a24 hour crisis Jine; and,indi vidual support &om trained volunteers and professional staff to a~sist f:lmiJies to develop and implement ~Jfety plan~ that will proted tlle tamily agaiJl~t future dome~ti~ violence. , Provide emergency and short ternl shelter ti.,r Eagle County tamiJy victims of domestk \iolence thruugh Freedom Ranch Salehouse and other community domestic violencesheJtcrprograms. , COIIJborate with HilS in the development oftamily self-sufficiency and fmniIy safety plans with Eagle COllntyvietims of domestic violence to ~u~ccssfully tnUlsition victims offumily violence fmm thcirown homes or shelter care to independent living withacoordinatcdpJanforself_sllfliciencyandf..lmilysalety. , I , ( , J;> Pro'ideyoulh men/oring services for at-risk youth, residing in the Eagle Valley portion of Eagle County, that wiJI achieve posiLive youth outcornes_ '" Provide infonnation on childhood imrmmizationse",ice:s and preventativeheallh care andreferraltoHHSPubJicHealthforchildrenandfarnilieswMdOTlothavea medical home in order to accomplish COC reconunended immuniT.ationS. >> Collaborate with flliS and the Eagle River Youth Coalition in the de\'elopmem and implementation ofyoulh tobacco cessation and control proglllttls in the Eagle Valley porrion of Eagle County. '" Collaborate "..ilb HHS in the development and implementation of a communily collaborative system orear]y childhood service:; and participate as a member of the Eagle County Early Childhood Cabinet aka Early Childhood Council. J;> Collaborate ",.j!h HHS In the development and implementation of community youth- at-risk programs. Article II: TERM Ibis Aweement shall COllllllllnce on Janumy 1, 2006 and shall terminate on December 31,2006, Article HI: COMPENSA nON A Eagle COWlly \\-iU provide the Contractor a gIant in the amount of$ 30,000 for domestic violence programs including rreedomRanchSafehou:se;and$4,OOOforyouthdevelo pmem programs includil1g the Buddies Program, for a total gIant award ofS 34,000. The County will make lhree payments; one payment of $12,000 on or a!lout April 27, 2006 and one payment of S 12,000 011 Sep1ernber 15, 2006; and one payrnelll ofS 10,OOOonNovemberlO,2006. B. tf, prior to payment of compensation or reimbursement for ser.-ices bm alter submissioo to County ofa request therefor by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisious of this Agreement, the CoUlll),' shall have no obligation to make such payment tf, at any lime after or during the Tennor after lerminationof!hisAgreemeutashereinatterpro,'ided or expiration of this Agreemenl, County reasonably determines that any payment theretofore paid by County to COntractor was improper becau:sethe services for which payment was made were not perfolllled as prescribed by theprovisiotlS of this Agreement, then upon written notice of such determinalion and request for reimbursement from COlmty, Contractor shall forthwith return such payment to County. Upon terminatioo of this Agreement as hereinafter provided or expiration of1he Term, any une.~pended funds advanced by COlmty to Cootractor shall forthwith be retumedto County. IV. TERMINATION County IDlIY terminate this Agreement at any time and for any reason or no reasOll upon written notice to Conlractor speciJying thedateoflennination, which date shall be not less than ten (IO) days from the date of the notice. In the event Contractor files for bankruptcy oris de\;lared , ! , i I ( banLrupt Or dissolves, County may declare in writing that this Agreement is terminated, and all rights of COlI tractor and obligations OfCOlmty, except for payment of accrued but unpai dfces and expenses, shaU temtinateimmediateJy. V. CONTRACTOR'S DUTIES A AJI flmds received by Contractor under this Agreement shalJ be or have bee:nexpended solely for thepllfJlOSe for "hich granted, and any flDlds not sO expended, incIudingfunds roslor diverted for other PUIJloses, shall beretumed to Coumy. B. Contractor shall maintain, fOT aminimum of 3 years, adequate financial and programmatic records [or reporting to County on pelfof1l\llllce ifits responsibilitiesherellllder. Contrac1orshalJ be subject 10 fmanciaJ audit by county auditors or their designees. Contractor authorizes County to perform audit!; or to make inspections during normal business hours, UpoIl 48 hours notice to Contractor, for the pllfJlose of evaluating performance under this Agreemenl ConlractorshaJI cooperate fully with aulhori7.ed HHS representatives in the observation and evaluation of the program and records, Contractor shall have the right to dispute any cIaimsofmisuse ofIunds and seek an amicable resolution with COW1ty C. In rendering its services hereunder, ContractorshaU comply with the highest standards 0 f customer service to the pubiic. COutractorshallprovideapprOPriatesUPervisionofitsemployees to ensure the maintenance of these high standards of customer service and professionalism ,the perfonnanceofsuch obligation to be detennined at the sole discretionofCoumy. lntheevent that County finds these standards of customer service are not being met by Contractor, COllOly may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor. D. Contractor shall comply with all applicable fedem.l, state and local rules, regulations and ]a".. governing services of the kind provided by Contractor under this Agreement. E. The COUllly requests the Contractor to work in collaboration with HHS in the development of inter-agency referral protocols regarding the C<Xllractor's and COlmty's services. The COntractor will advise the Director ofHHS in writing of all community collaboration activities sponsored or OOllvened by the Contractor for PUlJloses ofHHS participation in such activities, F. The Counly requests an annual wrilten repon concerning services under this Agreement lbisrePortshallincIudethenumberoffamiliesandyouthparticipatingintheContractor's services as uoted under, ArticIeJ; Scope, of this Agreement 1his reportshaJl also include a documentation of the outcomes oher,ice, 10 the extent that the COntrnctorcoJJecl.s this information on program participants, specifically: ~ thenumber:sofParticipatingfamilieswithincomesunder185%Ofthefederalpoverl) Jevelwho were able to achieve family incomes of185% of federal family povert yor more as aresult of being connected with community services that increased the Iotal equivalentfmancialresourcesavailabletothefumily. , , , I ( . ( > lhe percentage of participating famiJiesandyouth identified at risk of abuse, neglect, family violence, Or oul of home placemenl for whom repeated neglect, abuse, violence, or out of home placement was prevented as a result oftha programs and services of the Contractor. :;. the nmnben; of children and youth who received immunir.ation services, WIlIe connecled with amedicaJ home, or were able to access preventative health care services as aresultoflheprograrns and services oflhe Contractor, Preventative health servIces access should be Separ:llely identified by mental heallh,dental health , medical health services. The Annual Report must be submilted no Jaler than December 15, 2006 in order for the Contraclor!o be eligible for consideration mOOr the Eagle County Human Service Grant program in subsequent years, F. COIItraclOr shall comply with the requirements of the Civil Rights Act of 1964 and Section 504,RehabiJilutionActofI973,concemingdiscriminationonlhebasisofrace,coIor,sex,age, religiOll,politicalbeliefs,nationalorigin,orhandicap, G. Contractor shall safeguard information and confidentiaJity of the child and the child 'sfarnily in accordance wilh rules of the Colorado Department of Human Services and Eagle Cornuy Health and Human Services, and lhe Health Information Privacy and ACC(llBltability Act. H, Contractor shall notity HHS immediately of all reports of suspected child abuse or neglect involving Contraclor, including, but not limited to, employees, volunteers and clients. IlliS c001ractors are considered to be mandatory reporters for suspected child abuse and neglect and are 10 make those reports directly to HHS Youth & Familv Services Division _ (970) 328-81140 l Contractor shall participate in an annual training provided by COlBlty regaHling program requirements and eligibility; child abuse and neglect reponing; and, financial and program reporting to County, VI. NOTICE Any nolicerequired wtderthis Agreement shall be given in writing by registered Or certified maiL relum receipt requesled which shall be addressed as folJows' COUNT\': CONTRACTOR: Eagle County Health & Human Sen'ices The Resource Center of Eagle County P,O.Box660(mailingaddress) P.O. Box 2558 (551 Broadway-physicallocation) Avon, CO 81620 EagJe,C081631 NOlicesbaUbedccmedgivcnlllrCC(3)daysaftcrlhedateofdepositinarcgutardeposiroryoflheUnited StalCsPosta1Servicc, , , ( .' r VlI. ASSJGJ'iMENT Contractor shall not assign any of its rights or duties Wlder this Agreement to a third party without the prior \Hillen consent OfCOWlly. COllllly shall lemlinate this Agreement in the event of 1lIly assiglllIlelll without its prior written consent of County VIII. MODWICA TION Any revision, lI.Inendmelll or modification oft/lis Agreemenl shall be valid om} ifin "'Tiling and signed by aJI parties IX. INSURANCE At all time.<! during the teml Oflhis Agreement, Conlractor shall maintain in full force lLlld efreer the following insurance: 1,-peof1/lsLl!"l",c' .Q.~w"'~eLirnits WOTken;'C"mp"J)""Li'~1 Statutory ErnploY""LiabiJity,including """"I"'lional dise,,,,, $'OOJ!OO Compreh""'i"eGenentll-iabiHt,_, including SISO,OOOl'erpersonand brO"dfo"nproperjl.-dmmge $WO,Oil()PCTOCcLlfH."oeora'."PecifiedinlheCulorado Go""rrml<"Illallmmunitr Act, "'hid"",'", j;grcmer !Tofe"iollaIT.iabil,tyln,urlUl"" $ 5W,OOOpCrOCClOTetl<C COntraclOrshallPurchnseandrnauua.insllchinsllillllceasreqWredaboveandShallProvide certificates ofimurance in afonn acceptable to County upon execution oftlus Agreement. X. MISCELLANEOUS A The relationship of COnlraclorto County is that ofiTIdependent contractor, No agenl, employee or volunteer OfColl!ractor shall be deemed to be an agent, employee Or volunteer of Counly. B. In the evenl ofhtigation m connection Wilh this Agreement, the prevailing party shall be entitledtorecoverallreasonablecostSinCUrred,indudingattorneYfeeS,Costs,staiTtime and otherdaim reIaled expense, C Invalidity or Wlenforceability of any pro\'isionofthis Agreernenl shall nol aff ecttheother provIsions hereof, and this AgreememshalIbeconstruedasifsllchin\'a1idorWleflf orceable provisionll'asomi1!ed. , I ! ( I D. Contractorsf:mJl indenmif}! and Mold harmless COlDlty, its Board ofComrnissioners. and the individlllll members thereof, jig agencies, depanmenls, officers, agents, employees, servants and ils successors from any and all demands, losses, liahilities, claims orJudgments, together 'with all COS1S and ex!><'nses, including butnol limited to attomeyfees, incident lherelo which may accrue agaiml, be charged to or be recoverable [rom County, its Board of Commissioners, and the mdi\'iduaJ members thereof, its agencies, depanments, officers, agents, employees, seryants and its successors, as a result of the acts or omissions of Contractor, its employ ees or agents, in orin partPllTSuant 10 t1us Agreernent or arising directly orindirectlyoutofContractof 'sexerciseofils pri,.jleges orperforlIl.1llceofils obligations lHlderthis Agreement E. COlllraclorshaJl cornply at aJl times and in all respecrs ,vith ilIl applicablefede,a1, slmeand local laws, resolurions, and codes, F. Notwithstanding anything 10 the contrary contained in lhis Agreement, County shall ha'-e no obligations under lhis Agreement afte" no, shall any payments be made to Contraclor in respect of any period afler, December 31st of the calendar~'ear of the Tenn of this Agreement, "iithout an app,opriation therefo,e by County in accordance\\ilh abudgetadopled by the Board 0 f COlll1ty Commissioners in complillJlce with the provisions of Article 25, Title 3() oflhe Colorado fuwised Stalutes, the Local Government Budgel Law(eR.S 29-1-]()l etseq,)and the TABOR Amendment (Colorado Constitulion_ Article X, Sec. 20). G. This AgreementshaJI be go\emed by the laws oflheS1ale of Colorado Jurisdictionand venue for any suit, right or cause of aclion arising under, Or in connection with this Agreement shall beexdusivein Eagle County, Colorado. H This Agreemenl supersedes all prevIOus communicaliolL'l, negotiations and/o, agreements between the ,especti,eparliesherelo, either'erbal or wrirten, and the samenOl e xptessly contained herein are hereby withdra"'lin and annulled. This is an integrated agreemenl and there arenorepreSemaliOlL'laboutanYOftheSubjectmatterhereOfexceptasexpreSSlyset fortlJ in this AgreemenL r This Agrcernenl does not, and shall not be deemed or COlL'ltrued 10, confer upon or granl to any third parly or parties any right to daimdamages Or to bring any suit, action oroth er PWCecdingagainsl either Contractor Or County because of any breach hereofor becau seofany oflheterms,covenanrs,agrcernentsandconditiolL'lherein, J. Contracto, cerlifies thai it has read the Agreement, lII1derstands each and every lerm and the requi,ements set forth herein, and agrees to comply "ith lhe Sllme, , , , I , , , , In Witness \Vhereof, COrnlly and Contractor have executed this Agreement in triphcate olllhe date set forth abcwe. Two counterparts ha~'e been delivered to Counly and one to Contractor. COUNTY 01' EAGLE, ST AlF OF COJ.ORADO By and through its Board OfCollllly COl!1rmssiollers "~~~ )jJf' 'A _ ", v~n, Cbaln~ // - , ...... " A~:i,,~'1~ 0&,--: r(~)~ Ckrk 10 the Board of County commi5Sion~;:-, _:.~/ , CONTRACTOR TheResourceCenterofEagleCounry ", S&C",-'J2lu1:a",,';;;; , ! , I