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HomeMy WebLinkAboutC03-207 City of Glenwood Springs Parks and Recreation~ ~ ~ ~ ~~~' ~UL 1 ~ 2003 ~ICALTH & ~~UNIA~I ~ER~ICE~ AGREEMENT BETWEEN THE COUNTY OF EAG1<,E, STA3`E QF COLORADO AND THE CITY OF GLENWOOD SPRINGS PARKS AND RECREATION THIS AGREEMENT' made this 8th day of July, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, (°County°) and, The City of Glenwood Springs Parks and Recreation hereinaRer °Contractor." 1. AGREEMENT: Phis Agreement shall commence an July 1, 2003 and shall end on December 31, 2003. Z. SCOPE: T'he Contractor will provide recreational day camp for school age children ages 5 -12. Activities will include games, swimming, arts and crags, field trips. tennis, gt+oup sports, theater, amd climbing skills. State standards for supervision, curriculum, counselor-child ratios, nutrition and staff qualifications will be adhered to in accordance to licensors standards through the State of Colorado Division of Child Care. Services will be pwvided each weekday through August 1 S, 2003. There is a X10 registration fee. Daily non resident fees are $30 per day for one or $135 per week. The County is rce;ponsible for the determination of family eligibility for services. The County will advise the Contractor in writing of the authorized service plan within three working days of receipt of the certification and service plan. There shall be no payment for services provided without ptrior authorization far sgch services by the County. Such aathorization shaII inclade the amount of services to be provided, toe scope of services provided and time frames in which these services are to be provided. 3. TERIVlINATTON: The County may terminate this Agreement upon ten {l OJ 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 speci5ed in this Agrerarl-ent; or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any #t:nds 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 ofthe County shall terminate at-d cease immediately. d. 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 az-y funds not so expended, including flnsds lost or diverted for other purposes, sha11 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 said 109-4 800/Z00"d 1Zti-1 8Z888Z6018 S3~IA83S NVW(iH ONtl H11tl3N A1Nt10.~ 319Y3-sod ~tit~t0 OOOZ-tO-Inf Agreement between Eagle co„~ty and Pago 2 Gity of Glenwood Springs Park and Recreation 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 azid evaluation of the program sad records. The Contractor shall have the right to dispute nay claims of misuse of funds and seek an amicable resolution with the County. C. Customer ServieefTermination: 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 ensur®tho 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. la the event that the County finds these standards of customer service are not being tnet by the Contractor, the County may terminate this Contract, in whole or in part, upon providing ten (10j days notice to tote Contractor. D. 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 belie, narional origin, or handicap. E. Contractor shall safeguard infomaation and confidentiality of the child and the etiild's family in accordance with rules of the Colorado Department of Human Servitx~ and Eagle County Health and Human Services, and the Health Information Privacy and Accountability Act. F. The Contractor will notify Eagle County Health & Haman Services immediately of all reports of suspected child abuse ar neglect imrolving the Contractor, including, but not limited to, employees, volunteers and clients. Health ~ Htnnan Services contractors are considered to be "mandatory re~rters° for suspected child abuse and neglect and are to make those reliorts directly to Eagle County Health ,8c Human 5erviees - (970) 328-8840. G. The Contractor shall submit monthly billings to the County. Billings will be paid through the County's usual bill paying process. Billings mast be submitted by the BftL wort~ing day of the subsequent month in order to be eligrble for reimbursement 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: 7HE COUNTY: THE CONTRACTOR: Eagle County Health & Htuaan Services ?he City of Glenwood Springs Post Office Box 660 100 wulfsohn Road Fagle, COS 1631 Glenwood Springs, CO 81601 Notice shall be darned given three (3) days after the date aF deposit m a regular depository of the United States Postal Service. l09-d 900/600~d 1Z9-1 OZ689ZE018 S3~IA83S NtlIIUIH ONtl H11tl3H d1NII0J 319Y3-~~d ~gZ~tiO 6001-10-Isf Agreement between Eagle County sad Page 3 City of Glenwood Springs Pack and Recreation 6. ASSIGNMENT: The Contractor ehaA not assign any of its rights or duties under this Agreement to a third party v/ithout the prior written consent of County. Any assignment vi-ithout the prior vvcitten 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. 8. INSURAI~TCE: At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance Ca.~Se Lirmts Workers' Compen~tion Statutory Employers Liability, including oecupadonal Disease $~.~ Cornprehcnsive Automobile Liability including all owned, non-ovvnsd and bind Colorado vehicles Comprehensive Gcnetal Liability, including broad form property damage $1511,000 per person and $600,000 pet oaamrence as speeded in the Gwezm~nt$1 Imtsasntty Act, whichever is greater. $150,000 per person atld 5600,000 ger occrmre~nce or as specified in the Colorado Governmental Im~nlty Act, whichever is greater Contractor shall purchase and maintavn such insurance as required above and shall peovlde certificates of insurance is a form acceptable to Eagle County upon execution of the Agreement. 9. NIISCELLANEOUS: A. The parties to this Agreement intend that fhe 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. Tltis Agreement shall be binding upon and inure to die benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. Neither party may assignor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. C. In the event of litigation is connection with this'Agreement, it is agreed that the prevailing party shall be entitled to recover all r~sonable costs incurred, including attorney fees, costs, staff time and other claim related expense. D. The invalidity or uaenforceability 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. l09-d 9001ti00~d !Zd-! 8Z889Z60l8 S3~Ia83S NdVUIH OMI H11V3H A!N(10J 31943-mood ~gZ~gO 6002-10-1af • • ~.~ Agrecmmt ltetgreen Eagle Counry end Page 4 City of ale~vood Springs Park and Reccention fi ~ ~~~~d b 1 e.,w E. Contracta~hall indemtufy and hol~harmless the County, its Board of Commissioners, and the individual members thereof; its agencies, departments, officers, agents, employees, servants and its successors ;&otn 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, otFiCers, agents, employees, servants and its successors, as a re~tlt 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 comes. G. Notwithstanding anything to the contrary contained in this Agreement, the Caimty shall have no obligations under this Agreement, nor shall any payments ~ made to Contractor in respect of any period after December 31st of each calendar year during the tertti of this Agreerdetxt, 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.RS. §29-1-101 et.seq.) and the T'ABO~ Amendment {Colorado Constitution, Article X, Sec. 20). H. This Agreement sliall be governed by the laws of the State of Colorado. Jurisdiction and venue for aauy suit, right or cause of action arising under, or iti connection with this Agreement shall be exclusive in L-agle 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 withdtawg and anctulled. 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 modi5cations to this Agreement shall be valid unless executed by an instrument in writing signed by bo[h parties, '~ ' J. This Agreement does not, and shall-not be deemed orconshued to, confer upon or `groat to any third patty yr parties any right to claim damages or to bring any suit, action or .other proce~ing against. either Contractor or the County because, of any breach hereof or becsiuuse of an~- of the tezlr-s, covenants, agceements'and conditions herein: • _ .. ~, K. Contractor hereby certifies that it has tead.the Agreement;: understands each and eery term and the requirements set forth herein, and agrees to caraply n-ith the same..,.., . , l09-d 900/900"d 1ZV-1 9Z899Zt018 S391A83S NdWIiN aNY H11tl3H d1Nfl07 319x3-~o~d ~9Z~ti0 EOOZ-IO-InP • • Agreemeat between Eagle Cotmty and Pagc S City of Glenwood Springs Paris and Rareation ~ WITNESS WHEREOF, the parties kereto have executed this Agreement on the date fast set forth above. The patties hereto have signed this Agreement in triplicate. Two cownterparts have been delivered to County and oAe to the Contractor. COUNTY OF ~ ppw.F ~a_ y and u~ o `,~. ~ ~ ~: ~' ichael L. * ~~,:~ o ATTEST: ~r~ra~~~~'~ Cif ~, er to the $oazd of County io STATE OF CONTRACTOR: City of Glenwood Springs B ~~~ y Title: r ~h ~ l09-d 900/900'd !Z9-! 8Z99AZ60l8 S3~IA83S N1N1fIN ONtl N11tl3N d1Nti0J 319Y3-~~d ~9Z~Ti0 6002-10-InP