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HomeMy WebLinkAboutC17-039 Eagle River Youth CoalitionMEMORANDUM OF UNDERSTANDING Between County of Eagle, State of Colorado and The Eagle River Youth Coalition This Memorandum of Understanding (the "MDU") is made effective as of the 24 day of January, 2017, by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Eagle River Youth Coalition, a Colorado nonprofit corporation ("ERYC"). The County and EYRC are collectively referred to herein as the "Parties". WHEREAS, the Colorado General Assembly has determined that a collaborative approach to the delivery of services to children and families may lead to the provision of more appropriate and effective delivery of services; and WHEREAS, the Colorado General Assembly has determined that such collaboration may ultimately allow the agencies providing treatment and services to provide appropriate services to children and families within existing consolidated resources; and WHEREAS, the Colorado General Assembly has determined that it is in the best interest of the State of Colorado to establish a collaborative management of multi -agency services provided to children and families; and WHEREAS, pursuant to C.R.S. Section 24-1.9-101, et seq., the County, ERYC, and other statutory mandated and non -mandated partners, entered into a memorandum of understanding designed to promote a collaborative system of local -level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from multi -agency services (the "CMP MOU"), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. The resulting collaborative management program is known as the Eagle County Collaborative Management Program ("Eagle County CMP"); and WHEREAS, an interagency oversight group ("1047) was created, whose membership is comprised of a local representative of each party to the CMP MDU, as mandated by C.R.S. Section 24-1.9-102(1)(d). The IDG, known as the IOG of Eagle County, serves the target population directly through an individualized service and support team, when appropriate, and may provide a multi -system approach to community prevention programs through the Eagle County CMP; and WHEREAS, the Eagle County CMP is funded pursuant to a performance-based collaborative management incentive cash fund established pursuant to C.R.S. Section 24-1.9-104 (the "CMP Fund"). The moneys in the CMP Fund are subject to annual appropriations by the General Assembly to the State Department of Human Services. The State Department of Human Services shall allocate moneys in the CMP Fund, and any State general fund moneys C17-039 appropriated for the purpose of the Collaborative Management Program, to provide incentives to the parties to the Eagle County CMP MDU, who have successfully met or exceeded the performance measures identified in the CMP MDU. The Eagle County CMP is also funded by parties to the Eagle County CMP MDU on a shared basis, as set forth in the CMP MDU, where commitments to support programs exceed available moneys in the CMP Fund. WHEREAS, the County, through its Department of Human Services (ECDHS), serves as the fiscal agent of the Eagle County CMP and is responsible for the management and disbursement of funds of the Eagle County CMP; and WHEREAS, the IGG desires to hire a coordinator to manage data collection, monthly reporting, and other requirements for the Eagle County CMP (the "CMP Coordinator"); and WHEREAS, because the IDG is a statutory mandated group of CMP party representatives, it cannot contract in its own capacity; consequently, ERYC has been authorized through a vote of the IDG membership to hire an individual to serve as the CMP Coordinator; and WHEREAS, the County and ERYC desire to enter into this MGU to define the responsibilities of the parties and the process for funding the CMP Coordinator position. The following terms are agreed to by the County and ERYC: 1. TERMS OF UNDERSTANDING A. ERYC agrees to hire an individual to serve as the CMP Coordinator to coordinate and manage data collection, monthly reporting and other requirements of the Eagle County CMP. The job description for the CMP Coordinator is attached hereto as Exhibit B. and incorporated herein. The Parties agree that the CMP Coordinator shall be paid from funds available to the Eagle County CMP in an amount not to exceed $89,395 annually (pro -rated based on hiring date) for the performance of services for the IGG and the Eagle County CMP. B. ERYC will submit to the County an initial invoice upon execution of the contract for 50% of the contract value to cover all associated costs to hiring and onboarding the CMP Coordinator. Subsequently, ERYC will submit for 25% of the remaining contract value at the end of each quarter for services performed by the CMP Coordinator for the prior quarter. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. C. Within thirty (34) days of receipt of EYRC's invoice, the County will disburse to ERYC from funds available to the Eagle County CMP, payment for the invoice. County will not withhold any taxes from monies paid to ERYC and ERYC agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this MDU. D. The parties acknowledge that the CMP Coordinator will be an employee of ERYC, and that the County, through the ECDHS, serves as the fiscal agent for the IGG, and is only 2 responsible for disbursing payments to ERYC from funds available to the Eagle County CMP. The parties acknowledge that the County is not responsible for any payments which may become due to the CMP Coordinator under this MDU. The parties acknowledge that the County is not responsible for reimbursement to the Eagle County CMP or the State of Colorado for any payments disbursed to ERYC under this MDU. 2. TERM The term of this MCU shall commence on the first day written above, and subject to paragraph 7 hereof, shall continue in full force and effect through the 30th day of June, 2017. 3. RENEWAL The Parties may renew this MCU annually subject to mutual agreement. 4. TERMINATION A. The Parties acknowledge that withdrawal of any statutory mandated party to the Eagle County CMP MDU will result in the automatic termination of the Eagle County CMP MCU, as well as this MDU. B. Either Party may terminate this MDU at any time by providing 30 days written notice to the other Party. C. Either Party may terminate this MDU, effective immediately, in the event of loss or reduction of resources available to the Eagle County CMP. D. Upon a termination pursuant to this Section 4, the CMP Coordinator will be paid for services provided for the Eagle County CMP through the date of termination, subject to resources available to the Eagle County CMP. S. INDEPENDENT PARTIES Nothing in this MDU shall create any agency or employment relationships between the Parties nor is it intended to create any third party rights or beneficiaries. Every agent, contractor or employee of ERYC engaged in performing services under this Agreement or for the Eagle County CMP shall remain an agent, contractor or employee of ERYC while performing the same. This Agreement does not change the status of any agent, contractor, employee, or officer of ERYC or the County. ERYC shall have no authority to bind or commit the County to any agreement or other obligations. C. LIABILITY AND INDEMNIFICATION The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of ERYC or of any officer, agent, contractor or employee thereof. Likewise, ERVC, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer 3 or employee thereof. ERYC shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this MDU and are based upon any performance or nonperformance by ERYC or the CMP Coordinator; including claims for bodily injury or personal injury including death or loss or damage to tangible or intangible property; and ERYC shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the ERVC. This paragraph shall survive expiration or termination hereof. 7. CONFIDENTIALITY ERYC agrees that State and Federal law concerning confidentiality shall be followed in the implementation of this MDU. Any records used or developed related to a particular person are to be kept confidential and may not be released to any other person or agency, except as provided by law. S. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this MDU shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the County and its officials, employees, contractors, or agents, or any other person acting on behalf of the County, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9. MODIFICATIONS No modification or waiver of this MDU or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 10. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Eagle River Youth Coalition Eagle River Youth Coalition Attention: Michelle Stecher 34520 US Highway 6, C10 PO Box 4613 Edwards, CO 81632 Telephone: 970-949-9250 E -Mail: mstecher@eagleyouth.org Eagle County Eagle County, Colorado Attention: DHS Communications 500 Broadway Post Office Box 854 Eagle, CO 81631 Telephone: 974-328-8855 E -Mail: DHS .CommunicationsC eaglecounty.us Cl With a copy of notices to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail:.attyL ea leg county.us.. 11. VENUE, JURISDICTION AND APPLICABLE LAW. Any and all claims, disputes or controversies related to this MDU, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This MDU shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, each party, by signature below of its authorized representative, herby acknowledges that it has read this Agreement, understands it and agrees to its terms and conditions. Attest: Clerk to the Board EAGLE COUNTY, COLORADO by and through its Board of County Commissioners Y Jillian H. Ryan, Chair �1 Eagle River Youth Coalition By: Its: Michelle Stecher, Exhibit A Collaborative Management Memorandum of Understanding Exhibit B Collaborative Management Program Coordinator Job Description