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HomeMy WebLinkAboutC01-146 Eagle Valley Family Center~,~,~~~ ~~ z ~~ AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Eagle Valley Family Center THIS AGREEMENT, made and entered into this ~ `( ~~ day of i~ 2001 by and between the Board of County Commissioners of the County of Eagleof Colorado, a body corporate and politic (hereinafter referred to as the "County") and Eagle Valley Family Center, (hereinafter referred as the "Fiscal Agent"). WITNES5ETH: 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 Fiscal Agent to accept a grant from the County to the Eagle River Youth Coalition for the purposes of supporting the coordination and collaboration of the Eagle River youth organizations. B. The Eagle Valley Family Center will maintain a record of disbursements of this grant to the Eagle River Youth Coalition. C. The Eagle River Youth Coalition will maintain an accounting of the utilization of grant monies disbursed through this agreement. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence May 29, 2001, and end December 31, 2001 or until the Eagle River Youth Coalition is legally established and able to accept funds directly from the County. However, the County may terminate the contract between the County and the Fiscal Agent (therefore terminating this Agreement) on 10 days' notice if it is deemed by the County that the Fiscal Agent 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 Fiscal Agent 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 Fiscal Agent and obligations of the County shall thereupon terminate and cease immediately. The maximum amount of disbursement to the Fiscal Agent for the period of this agreement is $ 32,000. Disbursements will be authorized by the County based on requests from the Eagle River Youth Coalition to the County. Agreement between EAGLE COUNTY and the Eagle Valley Family Center PAGE 2 3. FISCAL AGENT DUTIES 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 Fiscal Agent authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Fiscal Agent, 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: THE FISCAL AGENT: Eagle County Eagle Valley Family Center c/o County Attorney P. O. Box 850 P.O. Box 239 Eagle, CO 81631 Eagle, CO 81631 5. MODIFICATIONS AND WAIVER The Fiscal Agent 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. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Fiscal Agent to the County is that of an independent contractor, No agent, employee or volunteer of the Fiscal Agent 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 Fiscal Agent 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. 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. Agreement between EAGLE COUNTY and the Eagle Valley Family Center PAGE 3 D. Fiscal Agent 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. E. The Fiscal Agent shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. F. No person shall have any personal financial interest, direct or indirect, in this Agreement. G. 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 Fiscal Agent 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 2001. The parties hereto have signed this Agreement in triplicate. One counterp e h has been delivered to the County the Fiscal Agent and the Eagle River Youth Coalition. ~ FA~F ~4 County of Eagle, State of Colorado, ° ~~ y and Through Its BOARD of COUNTY COMNIISSIONERS ATTEST: ~ * o ~OLORPO BY: erk of the oard of Tom C. Stone, Chairman County Commissioners Eagle County Board of Commissioners FISCAL AGENT: Eagle Valley Family Center BY: d~ _ ; TITLE:~.~~~