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HomeMy WebLinkAboutC99-042 Colorado West Mental Health Center`W� AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO WEST MENTAL HEALTH CENTER f THIS AGREEMENT, made and entered into this < lday of r__�o, 1999 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 Center, (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 hereby contracts with the Contractor for ongoing, non -emergency mental health services to low-income .Eagle County children and families in. the following areas: > domestic violence > family conflict• > marital discord > family stress and depression > substance abuse > anxiety disorders. B. Service Unit Cost - Ongoing non -emergency Services will be purchased by the County from the Contractor on a service unit basis of $35/counseling hour and $10/case management contact. Non -reimbursable activities include: > Participation in child protection, community treatment team or family preservation. > Travel, except to provide in -home services, and paperwork > Supervision or staff development activities. C. Eligibility for Purchase of Ongoing non -emergency Service - Colorado West Mental Health will determine individual and family eligibility for purchased services. Persons eligible for purchase under this agreement are individuals and families who are not eligible for coverage under Medicaid, Medicare, Title IV -A child welfare; Family Preservation Services; Employee Assistance or Health Insurance programs and whose gross income does not exceed 200% of federal poverty level and who indicate they cannot pay the full sliding fee rate of Colorado West Mental Health Centers. Individuals and families requesting assistance will complete a family financial statement for the purposes of determining eligibility. An additional fee may be assessed by the Contractor not to exceed the difference between the amount of subsidy under this Agreement and the fee under the Contractor's Uniform Ability to Pay Scale. llft� Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 2 D. Access to Services - i. Clients may be referred to Colorado West from the County Department of Health and Human Services. A referral form and authorization for payment will be provided by the County. ii. Clients may contact the Contractor directly for services and request assistance with the cost of mental health services. E. Billing for Services - The Contractor shall submit to the County a monthly statement of services provided to authorized client families. The maximum amount for purchase under this agreement is $14,250. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence January 1, 1999, and end December 31, 1999. 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. 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 �W� 1-1vd Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 3 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: THE CONTRACTOR: Eagle County Colorado West Mental Health Center c/o Health & Human Services c/o Ken Stein P. O. Box 660 P.O. Box 40 Eagle, CO 81631 Glenwood Springs, CO 81602 5. MODIFICATIONS AND WAIVER 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. & INSURANCE At all times during the terms of this Agreement, Contractor shall maintain the following insurance: M- • a Workers' Compensation Employer's Liability, including occupational disease Comprehensive Automobile Liability, including all owned, non -owned, and hired vehicles. Comprehensive General Liability, including form property damage. 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 broad occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. 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. Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 4 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 Commissioners, ;and the individual members thereof, its Commissions, agencies, departments, officers, agents, - employees, 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 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. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of 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). Agreement between EAGLE COUNTY and Colorado West Mental Health Center PAGE 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 15 1999. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. County of Eagle, State of Colorado, pp EAC�F By and Through Its BOARD of COUNTY COMMISSIONERS cOa ATTEST: °<OgpO° `, 6 B Clerk of the Board of Jo ette Phillips, Chairman County Commissioners Ea e County Board of Commissioners CONTRACTOR: Colorado West Mental Health Center DISTRIBUTION . Contract B ,,' 2. 4. CoRies to: 1. Accounting 2. 3. ._.. . 4. _