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Home My WebLink About107737 ISLAND GROVE REGIONAL TREATMENT CENTER - CONTRACT - AGREEMENT MISC - NORTH RANGE BEHAVIORAL HEALTH PKA ISLAND GROVE REG (3)SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Island Grove Regional Treatment Center, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scone of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2002, and shall continue in full force and effect until December 31, 2002, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties in writing. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior SA 10/97 -C-ORD. CERTIFICATE OF LIABILITY INSURANCE Flood & Peterson Insurance Inc 211 First Street Eaton, CO 80615 RECEIVED OCT 9 12001 970 454-3381 -- — ----- ---- ---- INSURED--- ----" ------- ISLAND GROVE REGIONAL TREATMENT CENTER INC 1140 M STREET GREELEY, CO 80631 ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEN ALTER THE COVERAGE AFFORDED BY THE PO DATE(MMIDD1V11 10/30/01 OR INSURERS AFFORDING COVERAGE INSURER A: Flrst National Insurance Co.�pf A - - ....— INSURER B: INSURER C: INSURER D: INSURER E: - - - COVERAGES s,. ANY REQUIREMENT, TERM "cw I U I me INSUHEU NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY PERTAIN, THE INSURANCE AFFORDED BY TOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FN ... TAR TYPE OF INSURANCENUMBERAFFECT POLICYEXARATION POLICY NUMBER -_ _... —A GENERAL LUIBILITY CP 7 7 7 6 5 9 04/01/01 04/01/02F }� I COM MERCIAL GENERAL LIABILITY I LIMITS CCURRENCE $1.,- 000, 000 — MAGE (Anyone flro) - S2O0_ , 0O OCLAIMS _.__ MED EXP (Any one person) $10 . 000 MADE �� OCCUR IGENERAL _PERSONAL 6 ADV INJV_RY AGGREGATE 53 , 0 0 0, O 0 O 000 PRODUCTS TS GEN'L AGGREGATE LIM ITAPPLIES PER: I - I PRO• I..__ POLICY T LOC - _ -COMP/OP AGG S1 -COM ___ — _ c.__c. O00 A AUTOMOBILELIABILITY BA7777649 04/01/01 ANY AUTO I 04/01/02 (EaCOMBINED SINGLE LIMIT (Eeaccident) §1, 000, O0O �_ALL OWNED AUTOS --- _ X I SCHEDULED AUTOS BODILY INJURY y� HIREDAUTOS (Per pem" S -- -- n l X NON•OWNED AUTOS ---- - IILY INRY�1 IFF �--i ------ ._—-- PROPERTY DAMAGE (Peracdclem) f r GARAGE IN ANY AUTO AUTO : AUTO ONLY . EA ACCIDENT $ ' --- OTHER THAN EA ACC S EXCESS LIABILITY� AUTO ONLY: AGO S l OCCUR '. CLAIMS MADE - I EACH OCCURRENCE § AGGREGATE § _ DEDUCTIBLE S RETENTION $ S EMPLOY RS' UABNSATION AND EMPLOYERS' LIABILITY i S WC STATU- OTH- ,.TORY LIMITS �q E.L EACH EL DISEASE ACCIDENT EMPLOYEES- _ OTHER I E.L DISEASE -POLICY LIMB $ DESCRIPTION OF OPERATIONSR=ATIONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENT/31"EC1AL PROVISIONS Certificate holder is known as additional insured as their interest may appear. CERTIFICATE HOLDER ADDmONALINSURED; INSURER LETTER: _ CANCELLATION CITY OF FORT COLLINS, CO SHOULD ANYOFTHE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION MUNICIPAL CORPORATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL I-Q_DAYSWRITTEN 2. O. BOX 580 N07ICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TODOSOSHALL 300 LAPORTE AVE. IMPOSE NO OBLIGATION OR LIABILITY OF ANYWND UPON THE INSUREMITS AGENTS OR FORT COLLINS, CO 80522 REPRESENTATIVE& AUTHORIZED REPRESENTATIVE Arnen x_0 ..,-,... _ .. _ T �' ��GL$QY►• �/i$ll�CLI2� - �11La . •- � it71777y0/Lvl.L.04-Lb4 MAT 0 ACORD CORPORATION 19W 9�+amR^+' m ^'�^W ��ea � ... ct-�.^^m '_5^'^4aE �—te TM_^++-� x�^'.nfi.-..m.-^^-xp� John Stephen - Re: Island Grove Contract Page 1 From: John Stephen To: Dan Dworkin; Ingrid Decker; Teresa Ablao Date: 2/13/03 3:35PM Subject: Re: Island Grove Contract The contract was renewed for 2003. John >>> Ingrid Decker 2/13/03 2:14:08 PM >>> **confidential** Dan - I have a copy of the 2002 Island Grove contract, so Teresa passed your question on to me. (I'm assuming the contract was renewed at the end of 2002.) There are a couple of provisions to the contract that are relevant. First, the Scope of Work says that they will "provide transportation 24 hours per day 7 days per week." It also says they "shall provide inpatient substance abuse detoxification care. There really isn't an allowance made for those services "going away" for awhile. However, section 3 of the contract says that if they are prevented from performing their obligations "by unforseen causes beyond its reasonable control and without its fault or negligence", then they are excused from performing, but they have to give us notice, (which it sounds like they have done in advance.) So, if the reason they are closing for two weeks is beyond their reasonable control and not the result of their negligence, and we believe that, there's not much we can do, except give them notice and terminate their contract (we can do that, without cause, under Section 4.) Even if we don't terminate, we should ask them to refund a prorated portion of what we pay them annually to provide services to us. If, arguably, it is their fault, and is within their control, they would be in default under the contract when they stop providing services. If that happens, under Section 12 of the contract, we have to give them 10 days to cure the problem. If they don't get back on track after 10 days, we can either (1) terminate their contract; (2) allow the contract to contine and require them to perform -- assuming they can; or (3) sue them for any damages we have incurred as a result of their closing down (i.e. the cost of having to find somewhere else to put people), which they could be liable for if they can't show that their failure to perform was excused under Section 3. Again, we should also seek a refund of two weeks worth of the money we pay them under the contract. So what this boils down to is, if they have no choice but to shut down, they'll shut down. We can then terminate their contract, sue them, or allow the contract to continue. It's unlikely any court would require them to remain open just because they have a contract to provide us with services, when we have other remedies available to us if they fail to perform under the contract. I hope this is useful. If you need anything else, let me know. Thanks, Ingrid >>> Dan Dworkin 02/13/03 01:13PM >>> Hi Theresa, Greg Temple suggested that you were the person to ask about the contract with Island Grove detox center. I am the psychologist with the police department and I was notified earlier this week that IG will close for two weeks in June due to lack of funding. Obviously, this will put my officers in a difficult situation. I accept the validity of the funding problems but I am curious as to whether or not IG can just shut down given their contract with us. Can you clarify this for me? Thanks, John Stephen - Re: Island Grove Contract Page 2 Imp CC: Jim O'Neill to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Gary Perman Police Department City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Service Provider: B.J. Dean Island Grove Regional Treatment Center, Inc. 1140 "M" Street Greeley, CO 80631 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Providers obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Twenty-one Thousand Four Hundred Dollars ($21,400). 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. SA 10197 2 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warran . (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attomey fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal SA 10/97 3 representatives, successors and assigns of said parties. 14. Indemnitylinsurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, PO Box 580, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. SA 10/97 4 ATTE CMPORA FE SECRETARY SA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation BY Ja s B 'Neill il, CP O Di ctor f Purchasing and Risk Management Date / I ? / a 2 ISLAND GROVE REGIONAL TREATMENT CENTER, INC By�� BJ Dean, Executive Director PRZTEkCOID NT OR VICE PRESIDENT Date: (Corporate Seal) Exhibit "A" SCOPE OF WORK The Service Provider shall provide inpatient substance abuse detoxification care pursuant to Section 25-1-309 C.R.S. (voluntary treatment) and Section 25-1-310 C.R.S. (emergency commitment)ito individuals referred to the Service Provider by Fort Collins Police Services. These services will be provided by the Service Provider and will be delivered in compliance with the above stated statutes and the standards for care set by the State of Colorado which certifies and licenses the Service Provider. The Service Provider agrees to provide quarterly reports to the City of Fort Collins Police Department which describe the number of Fort Collins residents and/or Fort Collins Police Department referrals served per month, the source of referral, and the number of admissions. In rendering its services hereunder, the Service Provider shall properly observe and comply with all applicable laws regarding confidentiality of information. he Service Provider agrees that documents or audits necessary to verify the service epivead4V above mentioned will be fully shared with the City when requested. admixV& TRANSPORTATION The Service Provider agrees to provide transportation as specified below. When an individual presents himself/herself at Fort Collins Police Services headquarters and states that he/she wishes to voluntarily admit themselves to the detoxification program, Fort Collins Police Services personnel shall contact the Service Provider to determine if the individual is acceptable for admission. If the individual is acceptable, the Police Services personnel will verify that the individual will allow a search of his/her person for weapons. If the individual agrees to be searched, the Service Provider shall meet him/her at the Fort Collins Police Services headquarters building. A Fort Collins Police Officer shall search the individual for weapons immediately prior to the individual entering the Service Provider's vehicle, and the Service Provider shall then transport him/her to the detoxification center. If the individual refused to be searched, the Service Provider shall not be required to transport him/her. Since this type of admission is entirely self -initiated and voluntary, Fort Collins Police Services has no authority or obligation to prevent the individual from leaving prior to the arrival of the Service Provider. If Police Services personnel become aware of the fact that the individual has left Police Services headquarters, they will call the Service Provider to cancel the transportation. SA 10/97 2. When an individual is taken into protective custody by a Fort Collins Police Officer due to intoxication pursuant to Section 25-1-310, C.R.S. , and the individual is accepted for admission into the detoxification program by the Service Provider, the Service Provider shall meet the officer and the individual at a pre -arranged location approximately halfway between Fort Collins and Greeley, such as the city of Ault or the Interstate Highway 25/Colorado Highway 34 interchange, and provide transportation from that point to the detoxification center. SA 10/97 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid; the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10197 10/30/2001 15:36 3034497365 BOULDER INS. ASSOC. PAGE 02 r. QCORQ4 "Men ikT i�.:. pAtf p�W110D1Yr1 I. 210 30/2001 THIS CERTIFICATE 18 ISSUED AS A MATTER OF MIFORMATION ' jilbot IL1Gurance Agency, Inc. HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR *601 28th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANN AFFORDING COVERAGE Boulder, CO 80301 COMPANY American Compensation Ins Co A Island Grove Regional Treatment Center CD BABY 1140 M Street COMPANY C Greeley CO 90631 COMPANY D ;•'rt'+'7 fif:�t,�:Y��57ei"`'.Ii :i::'".�T'rxs:�!:rJS:i'�loo'K E � IR �.3:.':� .y;,'a� ��:yi 'lf.. ..9,. • . s 7 ,, imi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIIEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED MEREIN IS SUBJECT TO ALL THE TERMS, .EXCLUSIONS AND CONDITIONS OF SUCH POUCIES•AIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �DOa i1R . TVPL OF INSURANCE POLICY MISSION POLICY EFFECTIVE GATE IMMIOOMYI POLICY BXPRIATION DATE ONAX DMY) LIMITS NORMAL LIABILITY Oeftem AOORNOATE F FRO TS•COMPIO►A00 COMMERCIAL GIUARAL LMaAITY _J CLAIMS MADE ❑ OCCUR PNRSONIL6 AOV NAAmY EACH OCCURRENCE L _ OWNIA-8 A CONTRACTOR'S FO OT FqE DAMAafi M" P,M" I - MEO EXF N "p•rnM AUT611008111 MAIUTV ANY AUTO COMOINED SNOLE UMn I sOOLY INJURY IP•r pw5w4 a _ ALL OWNED AUTOS SCHEDULED AUTOS AOOILY HLALRY IFw KaMaal ` MIREO AUTOS NON-OWNCO AUTO$ PROM"Y DAMAGE I — '-- OAAACE WLNRRY AUTO ONLY . LA ACCIDENT • OTHER THAN AUTO ONLY: I ANY AUTO EACH ACCIDENT „r ( AOORNDATF a EXCESS LIABILITY EACIWOCCLBIAEICE AGGREGATE f _ UM9AOlA FORM OTHER THAN UMBRELLA FORM A MIOMLAlCONeE1NIgTONAND FM►I.OYFM' LMBIYTr ACC00040796 0/01/2001 0/01/2002 W A W H- X T - F; ^3• EL EACH ACCIDENT • 100- OOO the rRorpwoRf X IPICI PARTulf"XICUnve EL DIS4A21 • POLICY LIMIT • 5O0 000 EL DISEASE • EA EMPLOYE a 100,000 OFPIOERS AAE: EXCL OTNIA `pBSCRMTION OF OFSRATIONSAOCATIONEMIRCLSSIMCML ITEMS .. .......... .... :. . -: s.::::�,':.... ...,-'.k�xw r I f d� ,. • ] �:« City of Fort Collins. Colorado, 8 wunicipal DoFp SNMKO ANY OF THE AIOV$ OEMJYUD POLICIES OR "WINL ID GPM TIE EXPIRATION SATE TNUKW. THE gSUM COMPANY MEAL ENDEAVOR TD MAIL P. O. ADz 580 .,300 I.ePorCO Ave. 3 0 DAYS WOMEN NOTICETOTHE CNIMPICATE HOLDER NAMED TO THE LEFT. NWT FFAy LL To WAIL SIce UCH NOTICE DE ARAl11E WALL IMPOSE NO OEMATLON OR BAIL(YY .'FOIt 'Collins CO 8OS22 OF ANY XIRID UPON THE COIN►ANY, nS AGENTS OR REPESEiTATNq. 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