HomeMy WebLinkAboutC99-038 Colorado West Mental Health Center\4501, \qwlp�
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
COLORADO WEST MENTAL HEALTH CENTER
THIS AGREEMENT, made and entered into this _�4 day of = , , 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 has awarded the Contractor grant funds in the amount of $10,000 in quarterly
payments of $2,500 beginning April 15, 1999 for the purpose of providing Emergency Crisis
intervention services to citizens of Eagle County and in response to requests from the Eagle
County Health and Human Services and the Eagle County Sheriff's Office.
B. In consideration for the monetary payment described in the preceding paragraph, Contractor
shall utilize and spend all funds provided solely for the -following specific. purpose(s)-subject to
the general terms and conditions as stated herein: Provide 24 hour mental health crisis
intervention services to citizens of Eagle County and in response to requests from the Eagle
County Health and Human Services and the Eagle County Sheriff's Office.
C. The Contractor shall provide a quarterly report of program activities undertaken through this
grant. Quarterly reports will include the numbers of Eagle County residents receiving emergency
services. Quarterly reports 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. Payments may be suspended if the Contractor fails to provide quarterly reports on time.
2. PERIOD OF AGREEMENT
A. The term of this Agreement shall commence January 1,1999, 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.
B. Notwithstanding the above, in the event the Contractor becomes insolvent, is declared
bankrupt or dissolves, the County may declare in writing that this Agreement is terminated, and
all rights of the Contractor and obligations of the County shall terminate and cease immediately.
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Agreement between EAGLE COUNTY
and Colorado West Mental Health Center
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 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.
k 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.
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Agreement between EAGLE COUNTY
and Colorado West Mental Health Center
PAGE 3
6. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain the following
insurance:
Worker's 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
Statutory
$500,000
$150,000 per person and $600,000 per
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. 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 this Agreement, and should that dispute result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable 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 of such
invalid and unenforceable provisions were omitted.
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Agreement between EAGLE COUNTY
and Colorado West Mental Health Center
PAGE 4
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 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 Contractor's exercise 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).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on C b�
1999. The parties hereto have signed this Agreement in quadruplicate.
County of Eagle, State of Colorado
By and Through its BOARD OF COUNTY COMMISSIONERS
ATTEST:
e el
�Cfirlite , r,E7�/�aBY: uf�i�.sc -i�
U r Clerk of the Board of (�/ Jo tte Phillips, Chairman
County Comm emp sh Uwt,0,0
s Ea County Board of Commissioners
CONTRACTOR: Colorado West Mental Health Center
BY:
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TITLE:
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