HomeMy WebLinkAboutC07-156 Colorado West Regional mental Health CenterAGREEMENT BETWEEN EAGLE COUNTY
AND
COLORADO WEST REGIONAL MENTAL HEALTH CENTER
This Agreement ("the Agreement"), made this 15th day of May, 2007, between Eagle County,
Colorado ("County") and the Colorado West Regional Mental Health Center ("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 are grants-in-aid to non-profit human service organizations whose work assists the
County in the accomplishment of the County goal to create and sustain a healthy and socially
diverse community.
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.
I: SCOPE
Contractor shall provide services to create and sustain a healthy and socially diverse community.
Specifically, the Contractor will:
➢ Provide 24 hour emergency mental health services, 365 days of the year through a
Master's level mental health clinician.
➢ Provide 24 hour access to emergency mental health services to the community and
first responders, including HHS, through the community 911 system.
➢ Assure 24 hour access to appropriate care for those individuals assessed as being a
danger to self or others.
➢ Link individuals assessed as not being a danger to self or others with community
mental health services on a 24 hour basis.
➢ Provide critical incident stress debriefing for first responders and community schools
as requested.
➢ Collaborate with HHS, Eagle River Youth Coalition, Eagle County Early Childhood
Council, Schools, Hospitals, and Law Enforcement agencies in development and
implementation of suicide prevention and early intervention programs and protocols.
➢ Collaborate with HHS to develop emergency preparedness protocols and to respond
to Eagle County emergency events and situations as requested.
II: TERM
This Agreement shall commence on January 1, 2007 and shall terminate on December 31, 2007.
III: 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 May 15, 2007 and one payment of $ 10,000 on September
20, 2007.
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 provisions of this Agreement, then upon 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 forthwith
be returned to County.
IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES
A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the public contract for services; or enter into a contract with a subcontractor that fails to certify
to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under the public contract for services.
B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security, that
the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic
Pilot Verification Program prior to entering into a public contract for services, the contractor shall
apply to participate in the Program every three months until the contractor is accepted or the public
contract for services has been completed, whichever is earlier. Information on applying for the Basic
Pilot Verification Program can be found at: https://www.vis-dhs.com\employerregistration
C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-
employment screening of job applicants while the public contract for services is being performed.
D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall
be required to:
1. Notify the Subcontractor and the County within three days that the Contractor has actual
knowledge that the Subcontractor is employing or contracting with an illegal alien; and
2. Terminate the Subcontract with the Subcontractor if within three days of receiving
the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor
does not stop employing or contracting with the illegal alien; except that the Contractor
shall not terminate the contract with the Subcontractor if during such three days the
Subcontractor provides information to establish that the Subcontractor has not knowingly
employed or contracted with an illegal alien.
3. The Contractor shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is undertaking
pursuant to its authority.
4. If a Contractor violates these prohibitions, the County may terminate the contract for a
breach of the contract. If the contract is so terminated, the Contractor shall be liable for
actual and consequential damages to the County.
V. 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 (10)
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 obligations of County, except for payment of accrued but unpaid fees
and expenses, shall terminate immediately.
VI. 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 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 (10) days notice to the Contractor.
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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.
E. Contractor shall comply with all federal and state rules, regulations, laws and
requirements concerning restrictions on providing public benefits to persons who are not
lawfully present in the United States. Contractor's work involves the provision of service or
support to applicants for public benefits, and therefore, Contractor must verify the lawful
presence of all applicants prior to utilizing County funds to provide said service or support.
Lawful presence must be verified by 1) requiring production of a Colorado license or ID card, an
ID card issued by the US military or coast guard, or a Native American tribal document; and 2)
requiring the applicant to affirm lawful presence by signing the affidavit attached as Exhibit A.
The original verification affidavit must be maintained by the Contractor. All copies of the
verification affidavit must be certified by the Contractor has being a true and correct copy of the
original document. If the applicant is under the age of 18, Contractor should request a copy of
the applicant's birth certificate, or should work with the applicant and his/her parents to obtain a
copy of the birth certificate. Note: The proceeding language and affidavit exhibit are not
necessary if the contractor's work solely involves the provision of any of the following
services: 1) emergency medical care; 2) disaster relief; 3) public health immunizations; 4)
testing and treatment for communicable disease; 5) provision of in-kind services that do not
condition assistance on the individual's income or resources such as soup kitchens, crisis
counseling, etc; 6) short term shelter, or 7) prenatal care.]
F. The County requests the Contractor to work in collaboration with HHS in the development of
inter -agency referral protocols regarding the Contractor's and County's services. The Contractor
will advise the Director of HHS in writing of all community collaboration activities sponsored
or convened by the Contractor for purposes of HHS participation in such activities.
G. The County requests an annual written report concerning services under this Agreement.
This report shall include the number of individuals receiving emergency mental health
assessments and service coordination through the Contractor's services as noted under, Article I:
Scope, of this Agreement. This report shall also include a documentation of the outcomes of
service, to the extent that the Contractor collects this information on program participants,
specifically:
➢ The numbers of individuals who received hospitalization for mental health issues.
The numbers of individuals who were connected to community mental health services
as a result of emergency mental health assessments.
➢ The collaborative efforts regarding suicide prevention and early intervention for
which the Contractor provided leadership, or in which the Contractor participated,
and the outcome of those collaborations.
The Annual Report must be submitted no later than November 26, 2007 in order for the
Contractor to be eligible for consideration under the Eagle County Community Service Grant
program in subsequent years.
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X. 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 General Liability, including $150,000 per person and
broad form property damage $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.
XI. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be 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.
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.
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.
CO
By,
ATTEST:
Clerk to the Board of County Comm #i
,w
OF EAGLE, STATE OF COLORADO
)ugh its Board of County Commissioners
Menconi, Chairman
FACTO : Colorado Wes egional Mental
Center I / A, Al it
Exhibit A
I, , swear or affirm under the penalty of perjury under the laws of
the State of Colorado that (check one):
I am a United States Citizen
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public benefit.
I understand that state law requires me to provide proof that I am lawfully present in the United
States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or
fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of
Colorado as perjury in the second degree under Colorado Revised Statute § 18-8-503 and it shall
constitute a separate criminal offense each time a public benefit is fraudulently received.
Signature Date
