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HomeMy WebLinkAboutC97-283 Colorado West Mental Health CentersC97283®,� AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO WEST MENTAL HEALTH CENTERS THIS AGREEMENT, made and entered into this t,;�' day of 1,41,y 1997 by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Colorado West Mental Health Centers, (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 Contractor hereby agrees to provide the County detoxification services for individuals referred to the Contractor by the Eagle County Sheriff's Office. Two payments in the amount of $5,000 each shall be made in October and December of 1997 to assist in funding the six month start-up of the Eagle County Detoxification Program. B. In consideration for monetary payments 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: > Detoxification services shall be provided to Eagle County residents at Vail Municipal Building, South Frontage Road and at the Eagle County Detention Facility, Eagle. C. The Contractor shall provide a quarterly statement of services provided to eligible individuals. This statement will include the identifier number of the individual and the dates of service to that individual. Quarterly reports will be submitted to the Director of Health and Human Services, P.O Box 660, Eagle, CO 81631. D. The maximum amount of the grant under this contract is $10,000. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence October 1, 1997, and end March 31, 1998. 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 good cause. Any unexpended funds may be required to be returned to the County as well as any funds not properly expended according to project objectives. - 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. Agreement between EAGLE COUNTY and Colorado West Mental Health Centers PAGE 2 3. CONTRACTOR'S DUTIES The Contractor shall comply with the following requirements: A. All funds received under this Agreement shall be expended solely for detyoxification services, 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: Colorado West Mental Health Centers c/o Ken Stein P.O. Box 40 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. 6. INSURANCE At all times during the term of this Agreement, Contractor shall maintain the following insurance: Type of Insurance Coverage Limits Worker's Compensation statutory Employer's Liability, including $500,000 occupational disease Agreement between EAGLE COUNTY and Colorado West Mental Health Centers PAGE 3 Comprehensive Automobile Liability, including all owned, non -owned and and hired vehicles. 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. $150,000 per person and $600,000 per occurrence 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. MISCELLANEOUS 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. E. Contractor shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, 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 and its successors, 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 out of the Contractor's exercise of its privileges or performance or its obligations under this Agreement. Agreement between EAGLE COUNTY and Colorado West Mental Health Centers PAGE 4 F. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and the County of Eagle. 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 /O % , 1997. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. ATTEST: v/• Clerk of the Board County County of Eagle, State of Colorado By and Through Its BOARD of COUNTY COMMISSIONERS mm County Board of Commissioners CONTRA TOR: Colorado West Mental Health Centers BY: Ken Stein Executive Director