Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC96-029 Mountain Valley Developmental ServicesC V6 2 9 2 ri
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
MOUNTAIN VALLEY DEVELOPMENTAL SERVICES
THIS AGREEMENT, made and entered into this 1,? 4 day of e r , 1996 by and
between the Board of County Commissioners of the County of Eagle, Stat� Colorado, a body
corporate and politic (hereinafter referred to as the "County") and Mountain Valley
Developmental Services, (hereinafter referred as the "Contractor").
WITNESSETH:
THAT, in consideration of the mutual promises, covenants and conditions contained herein, the
parties hereto agree as follows:
1. SCOPE
A. The County has awarded the Contractor grant funds in the amount of $8,000 in quarterly
payments of $2000 beginning March 31, 1996 for the purpose of providing training, residential
services, family support services and program transportation services for Eagle County children
and adults with developmental disabilities.
B. In consideration for the monetary payment described in the preceding paragraph, Contractor
shall utilize and spend the funds provided solely for the following specific purpose(s), subject to
the general terms and conditions as stated herein:
i. Early Childhood Developmental Services - assessment and casemanagement; infant
stimulation and preschool programs.
ii. Adult Vocational Services - vocational training and sheltered employment and
supported employment within the community.
iii. Adult Residential Services - group home and supervised apartment living
iv. Transportation Services - for clients to vocational training and preschool programs
C. The Contractor shall provide a quarterly report of program activities undertaken through this
grant. Quarterly reports will include the numbers of client families receiving services in each of
the four above mentioned services, will be due by the 15th of the month following the close of
the quarter and will be submitted to the Director of Health and Human Services, P.O. Box 660,
Eagle, CO 81631. Quarterly payments maybe suspended if the contractor fails to provide
quarterly reports on time.
2. PERIOD OF AGREEMENT
A. The term of this Agreement shall commence January 1, 1996, and end
December 31, 1996. However, the County may terminate the contract between the County and
the Contractor (therefore terminating this Agreement) on 10 days' notice if it is deemed by the
County that the Contractor is not fulfilling the program as specified in this agreement, or for
other sufficient reasons. Any unexpended funds may be required to be returned to the County as
well as any funds not properly expended according to project objectives.
Agreement between EAGLE COUNTY
and Mountain Valley Developmental Services
PAGE 2
B. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared
bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated,
and all rights of the Contractor and obligations of the County shall thereupon terminate and cease
immediately.
3. CONTRACTOR'S DUTIES
The Contractor shall comply with the following requirements:
A. All funds received under this Agreement shall be expended solely for the purpose of
which granted, and any such funds not so expended, including funds lost or diverted to other
purposes, will be returned to the County.
B. The Contractor shall maintain adequate records of matching expenditures for reporting
to the County. The Contractor shall maintain all records pertaining to this Agreement for a
minimum of three years and may be subjected to an audit by federal, state, or county auditors or
their designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall
return said misused funds to the County.
C. The Contractor authorizes the County to perform audits and to make inspections
during normal business hours at the convenience of the Contractor, with 48 hours written notice,
for the purpose of evaluating performance under this Agreement.
4. NOTICE
Any notice provided for herein shall be given in writing by registered or certified mail, return
receipt requested, which shall be addressed as follows:
THE COUNTY:
Eagle County
c/o County Attorney
P. O. Box 850
Eagle, CO 81631
5. MODIFICATIONS AND WAIVER
THE CONTRACTOR:
Mountain Valley Developmental Services
P. O. Box 338
Glenwood Springs, CO 81602
The Contractor shall not assign any rights or duties under this Agreement to a third party without
the written consent of the County, which shall determine the acceptability of the third party to the
County. Any effort to effect such an assignment without the written consent of the County will
terminate the Agreement immediately at the option of the County.
Agreement between EAGLE COUNTY
and Mountain Valley Developmental Services
PAGE 3
6. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain the following
insurance:
Type of Insurance
Workers' Compensation
Employer's Liability, including
occupational disease.
Comprehensive Automobile Liability,
including all owned, non -owned and hired
vehicles.
Comprehensive General Liability,
including broad form property damage.
Coverage Limits
Statutory
$500,000
$150,000 per person and $600,000 per
occurrence or as specified in the Colorado
Governmental Immunity Act, whichever is
greater.
$150,000 per person and $600,000 per
occurrence or as specified in the Colorado
Governmental Immunity Act, whichever is
greater.
All insurance required hereby shall be issued by an insurance company or companies authorized
to do business in the state of Colorado.
7. NUSCELLANEOUS
A. The parties of this Agreement intend that the relationship of the Contractor to the County is
that of an independent contractor. No agent, employee or volunteer of the Contractor shall be
deemed to be an agent, employee or volunteer of the County.
B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the
County and their respective heirs, legal representatives, executors, administrators, successors and
assigns: provided, however, that neither party may assign nor delegate any of its rights or
obligation hereunder without first obtaining the written consent of the other party.
C. In the event that a dispute should arise relating to the performance of the services to be
provided under the Agreement, and should that dispute result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including staff time, court costs, attorney's fees, and other claim related expenses.
D. The validity or unenforceability of any particular provision of this Agreement shall not affect
the other provisions hereof, and this Agreement shall be construed as if such invalid and
unenforceable provisions were omitted
l
Agreement between EAGLE COUNTY
and Mountain Valley Developmental Services
PAGE 4
E. Contractor shall indemnify and hold harmless the County, its Board of County Commissioners
and the individual members thereof, its commissioners, agencies, departments, officers, agents,
employees, or servants, and its successors from any and all demands, losses, liabilities, claims, or
judgements, together with all costs and expenses incident thereto which may accrue against, be
charged to, or be recoverable from the County, its Board of County Commissioners, and the
individual members thereof, its commissions, agencies, departments, officers, agents,
employees,or servants, as a result of the acts or omissions of Contractor, its employees or agents
in connection with Contractor's activities which are funded in whole 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.
F. The contractor shall comply with all applicable laws, resolutions, and codes of the State of
Colorado and Eagle County.
G. No person shall have any personal financial interest, direct or indirect, in this Agreement.
H. The County's financial obligations under this Agreement are contingent upon its receiving
sufficient revenues within its budget.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ar ,
1996. The parties hereto have signed this Agreement in quadruplicate. One counterpart each as
been delivered to the County and the Contractor.
Clerk of the Board of
County Commissioners
County of Eagle, State of Colorado,
By and Through Its BOARD of COUNTY COMMISSIONERS
BY:
George A. G s, Chairperson
Eagle County Board of Commissioners
CONTRACTOR: Mountain ValleyDevelopmental Services
BY:
T E:
EXECUT4b' RISTENSE�y