03-08-2019 Hope Center and Town of Avon Service AgreementSERVICE AGREEMENT
Hope Center and Town of Avon
This Service Agreement ("Agreement") is made this 1 st day of January 2019 between the Town
of Avon, a Colorado home rule municipality ("Avon"), with its primary location at 60 Buck Creek
Rd. Avon, CO 81620, and the Hope Center ("HC"), with its corporate office at 1460 East Valley
Rd. Basalt, CO 81621.
RECITALS
A. Avon has a need for assistance on scene with mental health support in times of crisis (welfare
checks for suicidality, psychotic individuals), or any other psychiatric need that is presented when
an officer is on scene. This also includes emotional support needed at the scene of a fatality or
major accident.
B. HC is a non-profit organization formed for the purpose of providing mental health crisis
services to the Eagle River Valley community; and
C. Avon desires to contract with 11C to provide such services, and HC desires to provide such
crisis response and support services to any community member when Avon believes that HC crisis
services would be appropriate.
NOW THEREFORE, in consideration of the mutual covenants contained in this agreement and
the foregoing recitals, which are incorporated herein, the parties agree as follows:
1. Hope Center Scope of Services: HC agrees to provide on -scene response, mental health crisis
assessment or emotional support. When requested by Avon, HC will respond and act in
accordance with the following terms and conditions, and the other provisions of this
Agreement (the "Services"):
(a) The HC agrees to be part of a co -responder team whereby Avon Police officers and HC
mental health crisis clinicians work as a team on scene to arrive at the best outcome for
the individuals in the Avon community when there is a crisis.
(b) During the term of this Agreement, HC will provide one crisis clinician who is capable
of providing the Services and meets the qualifications described in Section 2 hereof.
The HC will be available 24 hours a day, 7 days a week, 365 days a year for any Avon
police officer in need, within the Avon jurisdiction, to provide mental health aid on
scene.
(c) The HC clinician will respond to requests for Services on -scene within thirty (30)
minutes of notification of such request by dispatch or Avon.
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(d) The HC clinician will take responsibility for evaluating the situation and/or person
and determining what steps need to be taken to ensure safety and stability for the
community member and best steps for stabilizing the crisis at hand.
(e) The HC clinician will use evidence based, best practices in evaluating and making
recommendations.
(f) The HC clinician will respect all law enforcement actions on scene with regard to
legal matters.
(g) HC will invoice Avon annually for all Services and provide any other documentation
regarding the Services as Avon may reasonably request and within the scope of the
Minimum Necessary Clause of 42 -CFR.
2. Qualification of Hope Center Crisis Counselor: HC shall, at all times, assure its employees
who provide Services under this Agreement have the licenses and/or certifications necessary
to meet the requirements of a crisis response worker, as defined by the State of Colorado
Division of Registrations. In addition, IIC shall maintain any credentials or licensures as
required by the State of Colorado.
(a) Avon shall defer credentialing to HC for the providers performing Services by HC
under the Agreement:
(b) HC certifies that it shall comply with the provisions of CRS §8-17.5-101, et. seq. HC
shall not knowingly employ or contract with an illegal alien to perform work under this
contract or enter into a contract with a subcontractor that knowingly employs or
contracts with an illegal alien to perform work under this contract. HC represents,
warrants and agrees that is does not employ any illegal aliens.
3. Avon Obligations: In connection with the provision of the Services by HC, Avon will,
through the Avon Police officers:
(a) Agree to be part of a co -responder team whereby the Avon police officers and HC
mental health crisis clinicians work as a team on scene to arrive at the best outcome
for the individuals in the community when there is a crisis; and,
(b) Immediately notify HC if any community member is in need of a crisis assessment or
mental health care or support; and,
(c) Advise all community members encountered on a mental health call or who request a
consultation with a mental health professional, that HC is available to provide
immediate mental health services; and,
(d) Share any and all information about the person or situation at hand so that the FIC
clinician can best stabilize the crisis; and,
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(e) Use appropriate efforts according to best practices to provide a safe space for the IIC
clinician to evaluate the person identified in need of services; and,
(f) Use appropriate efforts according to best practices insure the scene is safe and remain
on scene until the IiC clinician feels it is safe for the officer to depart; and,
(g) Give the liC clinician space to ask questions of any and all persons on scene; and,
(h) Work in tandem with the 1.1C clinician and respect the decisions and directives of the
HC clinician (i.e. for transport, or removing people from a scene, or follow up); and,
(i) Acknowledge that mental health confidentiality laws and rules are more strict than
those required of law enforcement and will either uphold stricter confidentiality
standards to the extend permitted by law or will excuse themselves from situations
whereby clinical/medical discussions are being held; and,
(j) Use best efforts to provide a Spanish translator when/if needed.
4. Reimbursement by Avon: Avon will reimburse IIC for the provision of the Services on an
annual basis. Each Eagle County Police Department is contributing to the responder model in
order for it to maintain sustainability. This includes Avon, Vail, Eagle, and Basalt PD. The
annual reimbursement for year one by Avon is calculated at: $19,500.00.
5. Term of Agreement: The initial term of this Agreement shall commence on January 1, 2019
and shall continue until December 31, 2019. Thereafter, the Agreement shall automatically
renew for additional 1 -year terms until either party (a) terminates the Agreement pursuant to
Section 7, or (b) provides notice to the other party that it does not desire to renew the
Agreement at least 30 days prior to the end of the current term.
6. Changes and Amendments: Either party may request changes in the scope of Services at any
time. Any such amendment, including any increase or decrease in the amount of
reimbursement paid by Avon to IIC in connection with the Services, must be incorporated in
a written amendment to this Agreement and executed by the duly authorized officers or
personnel of both Avon and I -IC, and no amendment hereto will be effective until so executed.
7. Termination of Agreement: Either party may terminate this Agreement at any time by giving
thirty (30) days written notice to be delivered to the address of the principle office identified
in this Agreement. Each party will notify the other of any changes in its principle office
location.
8. Compliance With Laws and Standards: Each of the parties hereto will comply with all
applicable laws, standards, ordinances, codes and regulations applicable to any activity
covered by this Agreement.
9. Confidentiality; HIPAA Compliance: Both parties agree not to divulge any information
obtained in the course of such service to unauthorized persons, and not to publish or otherwise
make public any information regarding persons who have received services such that the
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person who received such services is identifiable. The parties acknowledge that confidentiality
and privacy is vital for mental health situations. Notwithstanding the foregoing, Avon shall
disclose public records in accordance with the Colorado Open Records Act or as may be
required by court order.
10. Insurance: HC shall, at its own cost and expense, maintain in full force and effect during the
terms of this Agreement liability insurance against injury in a sum of $1,000,000 per
occurrence and $3,000,000 in the aggregate. Each HC clinician holds individual liability and
the HC, as an agency, also provides malpractice insurance for each clinician employed at the
HC who provides Services hereunder.
11. Indemnification: Each party will defend, indemnify and hold harmless the other, its
respective agents, affiliates, officers, directors, servants and employees, of and from any loss,
cost, damage, injury, liability, claims, liens, demands, actions or causes of action, whatsoever,
arising out of or related to any intentional misconduct or grossly negligent acts, errors or
omissions of its employees, consultants, agents or affiliates, whether contractual or otherwise.
12. Assignment: Neither party may assign this Agreement without the prior express written
consent of the other party. The provisions of this Agreement and all obligations arising
hereunder shall extend to, be binding upon, and inure to the benefits of the heirs, executors,
administrators, successors, and assigns of each of the parties hereto.
13. Entire Agreement: This Agreement supersedes all prior or contemporaneous understandings,
agreements or representations of the parties and constitutes the entire agreement between the
parties with respect to the provision of Services and the other subject matter hereof. Both
parties specifically acknowledge that, in entering into and executing this Agreement, they rely
solely upon the representations and agreements contained in this Agreement and no others.
14. Compliance with Federal Law: Notwithstanding any unanticipated effect of any of the
provisions herein, the parties intend to comply with 42 U.S.C. § 1320a-7b(b), commonly known
as the federal Anti -Kickback Statute; 42 U.S.C. §1395nn, commonly known as Stark II, as
such provisions may be amended from time to time; and any other federal or state law or
provision governing fraud and abuse or self -referrals under Medicare, Medicaid or any other
health insurance program. This Agreement shall be construed in a manner consistent with
compliance with such statutes and regulations, and the parties hereto agree to take such actions
as are necessary to construe and administer this Agreement consistent therewith. The parties
intend that any compensation paid hereunder shall be solely for Services provided under this
Agreement and shall be fair market value for the Services rendered based on arm's length
bargaining and the value of similar services in the community. In the event any court or
administrative agency of competent jurisdiction determines this Agreement violates any of
such statutes or that the compensation hereunder exceeds reasonable compensation for
purposes of any applicable limitations, then the parties hereto agree to take such actions as
necessary to amend this Agreement to comply with the applicable statutes or regulations, as
provided herein.
15. Governing Law: This Agreement shall be governed in all respects, whether as to validity,
construction, capacity, performance or otherwise, by the laws of the State of Colorado.
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16. Waiver and Breach: The waiver by either party of a breach or violation of any provision of
this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach
of the same or other provision hereof.
17. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law to
the Avon, its officials, employees, contractors, or agents, or any other person acting on behalf
of the Avon and, in particular, governmental immunity afforded or available pursuant to the
Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
18. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Avon is
subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend
to violate the terms and requirements of TABOR by the execution of this Agreement. It is
understood and agreed that this Agreement does not create a multi -fiscal year direct or indirect
debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in
this Agreement to the contrary, all payment obligations of Avon are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of Avon's current fiscal
period ending upon the next succeeding December 31. Financial obligations of Avon payable
after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such
funds, this Agreement shall be terminated.
IN WITNESS WHEREOF, Avon and the Hope Center have executed this Agreement as of the
date first stated above.
Hope Center
Signature:
Printed Name: Michelle Muething
Title: Executive Director March 1, 2019
Avon Police De tment
Signature:
Printed Name:
Title:
Attest:�! V VA,.
Brenda Torres, Acting Town Clerk
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