HomeMy WebLinkAboutC06-167
AGREEMENT BETWEEN
THE COUNTY OF EAGLE
AND
COLORADO WEST REGIONAL MENTAL HEALTH
This Agreement ("the Agreement"), made this 16th day of May, 2006, between Eagle County,
Colorado ("County") and Colorado West Regional Mental Health ("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 ages; and
Whereas, among the services County provides in order to promote such health, safety and
welfare services that stabilize family life and promote family self-sufficiency; and services to low
income and uninsured adults who have chronic and persistent mental illness, problems of
substance abuse, or who are at risk of suicide; and
Whereas, the use of outside providers of such services enhances the ability of the County to
promote such health, safety and welfare; and
Whereas, Contractor is a provider of such services and wishes to contract with County to provide
such services to County residents in need thereof.
Now, therefore, in consideration of the foregoing premises and the following promises, County
and Contractor enter into this Agreement.
Article I: SCOPE
Contractor shall provide goal-oriented and outcomes based professional parenting and family
communications services under the T ANF program and mental health and substance abuse
assessment for indigent adults. Specifically, the Contractor will provide one or more of the
following services as assigned to it in writing ("the Assigned Services") by representatives of the
County Department of Health and Human Services ("HHS"). County shall be responsible for
determination in advance of Contractor's performance of Assigned Services and determination of
client family eligibility to receive such services under this Agreement.
> T ANF service group: Parenting and family communication skill building.
> Mental health and substance abuse assessment, psychiatric evaluation and medication
management services for indigent adults with chronic and persistent mental illness,
problems of substance abuse, or at risk of suicide. Ongoing mental health and
substance abuse treatment services for indigent adults are NOT funded by the County
under this Agreement
Article II: TERM
This Agreement shall commence on January 1, 2006 and shall terminate on December 31, 2006.
Article III: COMPENSATION
A. Subject to subsection D and E of this Article 1II, County will compensate Contractor for
performance of Assigned Services as follows:
(1) for face to face contact with the client family or authorized consultation with HHS
representatives from March 1, 2006 through June 30, 2006- $70 per hour;
(2) for face to face contact with the client family or authorized consultation with HHS
representatives from July 1, 2006 through December 31, 2006- $75 per hour;
(3) for face-to-face individual substance abuse treatment - $70/hour;
(4) for face-to-face enhanced outpatient or relapse prevention group contact - $ 60/hour;
(5) for face-to-face individual psychiatric diagnostic evaluation - $ 90/hour
(6) for travel to and from a client family home to perform Assigned Services - $20 per
hour.
In addition, County will reimburse Contractor for travel from Provider's office to a client family
home in order to perform Assigned Services at the rate of 34.5 cents per mile.
B. County will not compensate or reimburse Contractor for activities such as: (1) participation
in child protection, community treatment teams; (2) travel other than that described in subsection
A(2) of this Article III; (3) paperwork and other indirect administrative costs.
C. Clients who do not appear for scheduled appointments shall be responsible to pay
Contractor's full cost of that appointment. Contractor agrees not to bill County for time or
mileage for client failure to appear for the scheduled appointment.
D. County is responsible for determining the eligibility of each individual family for services
under this agreement. County shall advise Contractor in writing of the authorized service plan
within three (3) 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 level of services to be provided, the nature and type of
services provided and the time frames in which these services are to be provided.
E. 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 provisions of this Agreement, then upon
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written notice of such determination and request for reimbursement from County, Contractor
shall forthwith return 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 fOlihwith be returned to County.
IV. TERMINATION
County may terminate this Agreement at any time and for any reason or no reason upon written
notice to Contractor specifying the date of termination, which date shall be not less than ten (l0)
days from the date of the notice. In the event Contractor files for bankruptcy or is declared
bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all
rights of Contractor and obI igations 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
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, for a minimum of 3 years, adequate financial and programmatic
records for reporting to County on performance if its responsibilities hereunder. Contractor shall
be subject to financial audit by federal, state or county auditors or their designees. Contractor
authorizes 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.
Contractor shall cooperate fully with authorized HHS representatives in the observation and
evaluation of the program and records. Contractor shall have the right to dispute any claims of
misuse of funds and seek an amicable resolution with County.
C. In rendering its services hereunder, 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 County. In the event
that County finds these standards of customer service are not being met by Contractor, County
may terminate this Agreement, in whole or in part, upon ten (l0) days notice to the Contractor.
D. Contractor shall comply with all applicable federal, state and local rules, regulations and laws
governing services of the kind provided by Contractor under this Agreement. In particular,
Contractor shall comply with all applicable rules and laws governing eligibility for services and
allowable costs under the Colorado WORKS/T ANF program for those families authorized for
services to stabilize family life and promote family self-sufficiency. Contractor shall be solely
responsible for ensuring proper licensing and credentialing of those providing services under this
Agreement.
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E. The County requests immediate response and reports from the Contractor to requests for
adult indigent mental health competency evaluations. The County requests periodic written
reports concerning T ANF group services under this Agreement. Contractor shall provide the
County with a T ANF family assessment and plan within thirty (30) days of enrollment or
participation in services by an adult, family, or child. This plan shall include the treatment plan
for the child's family, including specific objectives and target dates for accomplishment.
All plans shall be subject to review, approval and monitoring by the County. At monthly
intervals for ongoing T ANF services, Contractor shall submit reports that include progress and
barriers in achieving the goals and provisions of the treatment plan. Reimbursement for services
relating to the plan is subject to the timely receipt of written assessment, plan, and reports.
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 a cost
not greater than that charged to other persons in the same community.
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 and Human Services, and the Health Information Privacy and Accountability Act.
I. Contractor shall notify HHS immediately of all reports of suspected child abuse or neglect
involving Contractor, including, but not limited to, employees, volunteers and clients. HHS
contractors are considered to be mandatory reporters for suspected child abuse and neglect and
are to make those reports directly to HHS Adult and Family Services Division -
(970) 328-8840.
J. Contractor must comply with the following requirements regarding all T ANF -eligible
participants:
Food Stamps - Contractor must inform all participants that they are categorically eligible to receive
at least some services and referred to HHS for more information on application for benefits.
111edicaid - Contractor must inform all participants that they may be eligible for Medicaid
and referred to HHS for information on application for benefits.
Disabilities and other Barriers - All participants must be informed by Contractor that they can
visit HHS offices to receive an assessment and appropriate services that may better work with their
disabilities or other barriers.
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Appeal Rights - Contractor must provide all participants with notice of their right to appeal to HHS.
Contractor shall keep a record of all participants served for documentation in case of an appeal.
K. Contractor shall submit monthly billings to County. 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, 2006 must be submitted by July 1,2006; and billings for services
provided through December 3 I, 2006 must be submitted by January 6, 2007 in order to be
eligible for reimbursement.
L. Contractor shall participate in an annual training provided by County regarding program
requirements and eligibility; child abuse and neglect reporting; and, financial and program
reporting to County.
VI. 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:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Colorado West Regional
P. O. Box 660 (mailing address) Mental Health
(551 Broadway physical location) P.O. Box 40
Eagle, CO 81631 Glenwood Springs, CO 81601
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of
the United States Postal Service.
VII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. County shall terminate this Agreement in the event
of any assignment without its prior written consent of County.
VIII. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing and
signed by all parties.
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IX. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type of Insurance Coverage Limits
Workers Compensation Statutory
Employers Liability, including occupational
Disease $500,000
Comprehensive Automobile Liability including $150,000 per person and $600,000
all owned, non-owned and hired Colorado vehicles per occurrence as specified in the
Governmental Immunity Act, whichever
is greater.
Comprehensive General Liability, including
broad form property damage $150,000 per person and
$600,000 per occurrence or as specified
in the Colorado Governmental
Immunity Act, whichever is greater
Professional Liability Insurance $ 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 County upon execution of this Agreement.
X. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor is deemed to be an agent, employee or volunteer of County.
B. In the event of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and
other claim related expense.
C. 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.
D. Contractor shall indemnify and hold harmless 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 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.
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E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after, December 31 st of the calendar year of the Term of this Agreement, without
an appropriation therefore by 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).
G. 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.
H. 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.
I. 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 County because of any breach hereof or because of any
of the terms, covenants, agreements and conditions herein.
1. Contractor 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.
In Witness Whereof, County and Contractor have executed this Agreement in triplicate on the
date set forth above. Two counterparts have been delivered to County and one to Contractor.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its Board of County Commissioners
Clerk to the Board
of County Commissioners
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