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HomeMy WebLinkAboutC03-164 Salvation Army• ~ . AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Salvation Army THIS AGREEMENT made this 24th day of June, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, ("Cotuity") and, Salvation Army, hereinafter °Contractor.° 1. AGREEMENT: This Agreement shall commence on January 1, 2003 and shall end on December 31, 2003. 2. 5COPE: The Contractor will provide emergency assistance to individual and families who reside in or are transient in Eagle County, Colorado. This emergency assistance may include food, housing, transportation, utilities, and household items. Emergency assistance will be provided in coordination with Health & Human Services to assure that those individuals and families who are eligible for federal and state assistance are served through those programs. Eagle County will provide the Contractor a grant in the amount of $ 6000, in two payments. One payment of $3000 on or about July 15, 2003 and one payment of $ 3000 on November 30, 2003. 3. TERIVIINATION: The County may terminate this Agreement upon ten (10) days written notice to Contractor if it is deemed by the County in its sole discretion, that the Contractor is not fulfilling the program as specified in this Agreement, or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any funds not properly expended according to project objectives shall be returned by Contractor to County. 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. 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All funds received by Contractor under this Agreement shall be expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate financial and programmatic records for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and maybe subjected to an audit by federal, state or county auditors or their designees, as requested. If an auditor discovers misuse of funds, the Contractor shall return sand misused funds to the County. The Contractor hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. The Contractor will allow access to and cooperate with authorized Health & Human Services representatives in the observation and ~ ~ Agreement between Eagle County and Page 2 The Salvation Army evaluation of the program and records. The Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with the County. C. Customer Service/Termination: In rendering its services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of the County. In the event that the County finds these standards of customer service are not being met by the Contractor, the County may terminate this Contract, in whole or in part, upon providing ten (10) days notice to the Contractor. D. Contractor shall provide the County with an annual report regarding the number and nature of emergency assistance services provided by the Salvation Army. The annual report for 2003 must be submitted by January 30, 2004. E. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. F. Contractor shall safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and Eagle County Health and Human Services, and the Health Information Privacy and Accountability Act. 5. NOTICE: Any notice required under this Agreement 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-Health & Human Services The Salvation Army Post Office Box 660 P.O. Box 2931 Eagle, CO 81631 Avon, CO 81601 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. 6. ASSIGNMENT: The Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. Any assignment without the prior written consent of County shall cause this Agreement to terminate. 7. MODIFICATION: Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. Agreement between Eagle County and Page 3 The Salvation Army 8. INSURANCE: At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance Workers' Compensation Employers Liability, including occupational Disease Coverage Limits Statutory $500,000 Comprehensive General Liability, including broad form property damage $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater Contractor shall purchase and maintain such ~~~~*ance as required above and shall provide certificates of insurance in a form acceptable to Eagle County upon execution of the Agreement. 9. MISCELLANEOUS: A. The parties to this Agreement intend that the relationship of the Contractor to the County is that of 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. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. C. In the event of litigation in connection with this Agreement, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. D. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, 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 agencies, departments, officers, agents, employees, 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. • • Agreement between Eagle County and Page 4 The Salvation Army G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31st of each calendar year during the term of this Agreement, without the appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, 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). H. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. I. This Agreement supersedes all previous communications, negotiations and/or agreements between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in this Agreement. No alterations, amendments, changes or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. K. Contractor hereby certifies that it has read the Agreement, understands each and every term ' and the requirements set forth herein, and agrees to comply with the same. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have been delivered to County and one to the Contractor. COUNTY OF EAGLE, STATE OF COLORADO By and throu i s Board County Co 'ssione ,~' '~liael L. Ga lagher, Ch ¢ ~: AT ~' _~ ~tP. Clerk to the Bo d of County Co beg~rs CONTRACTOR: Salvation Army By: .~~ Title: ~ ~p~'v a~1~~~~1 ~ ~~ 08/P3/2003 10:81 k'AJL 303 888 9~ T.e~ndn S. Pyle ~./' September 30, ?.002 DHQ ~ ~ 001 dVlsssh Risk acrd Iascuat~e Services 777 S Fcgueroa Strret 23rd Floor L.cs Aagtles, CA 40017-5822 Phone: Z13 346 5319 FaR: 213 346 5935 tac~ia.9.Pyle~rs6, ciue ~ligoroia Licetute ATo. 0437153 ~~~ ~~ Sub~e~t: Renewal C~ and Aa~n Id +Caxda The tragedy of x-11 co~m~ to reverb®ra~ through out the global society. 'lfiis is particularly true for the insurance industry. With the highly increased awareness among the underavriters coupled with the financial 9mpacc of die losses to insurance capital sad due to this current stat® In the Insurance markedlace it has become incceasir--gly dlfllcult to obtain coverage quotations in a timely manner, We are pleased to a~ounce however, that Marsh fins successfiilly trouttd your renewal insuc~nce program for the upcoming !0/Oi/02 policy period. The following is your renewal inforn~ation:~ You should be receiving your auto Id cards and certffiic,~ttas of Incurrence around the 4" or 5'~ of Qctober. If a vendor or certifcate holder should cell in requectin$ renewal information. please feel free co forward this le~c to their a#terrtion to suffice undl they have re~lpt of coverage. T7te original certificate will be sent to the certificate holder with a copy to your division. All orig9nai auto Id cards will sent to your iudividusi divisions for dism~iution. We appreciatE your uaders~tading and look forward to working vvitli you for this upcomarg policy year. Sincerely, Lacinda S. 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