HomeMy WebLinkAboutC03-251 Eagle River Youth CoalitionG~ D 3 - z-~'l ~ Z,2_
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
Eagle River Youth Coalition
THIS AGREEMENT made this 9th day of September, 2003, by and between the County of
Eagle, State of Colorado, a body corporate and politic, ("Count}~~ and Eagle River Youth
Coalition, hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on September 1, 2003, and shall end on June 30, 2004. The,
maximum amount of this contract for professional technical assistance services shall not exceed
$ 5,905. Expenses for program supplies and travel expenses for local travel and participation in
meetings with state partners are included in this contract.
2. SCOPE
A. Scope of work:
Scope of work:
The Eagle River Youth Coalition will support the program goals of the Eagle County Tobacco
Program with the following services:
1. Continue to recruit. youth to the county-wide youth coalition to serve on the tobacco
reduction advisory team
2. Work with one high school to implement the NOT program
3. Conduct one educational campaign regarding the hazards of tobacco use in three high
schools
4. Participate in meetings of the Eagle County Tobacco Coalition
B. Reimbursement:
Services will be reimbursed by the County from the Contractor on the basis of documented
expenses in accordance with the approved program plan (attachment A). The Contractor shall
submit to the Eagle County Department of Health and Human Services a monthly statement of
program budget expenditures and in-kind contributions with attached invoices or in-kind
documentation.
3. TERNIINATION:
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 records of matching expenditures 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 misuse of funds is discovered by an auditor, the Contractor shall
return said misused funds to 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 standazds 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 quarterly reports concerning services under this
Agreement.
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
5. COUNTY'S DUTIES: The County agrees to the following:
A. To provide project management and community liaison services through assignment of the
Nurse Manager to the project.
B. To provide copies of state and other grant requirements, HHS policies, procedures, forms for
reporting, and other record keeping requirements to ensure compliance with grant guidelines.
G To assist in community public awareness activities.
6. 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:
Eagle County
Health & Human Services
P. O. Bo~c 660
Eagle, CO 81631
THE CONTRACTOR:
Eagle River Youth Coaltion
P.O. Box 672
Minturn, CO 81645
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States
Postal Service.
• •
7. 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.
S. MODIFICATION
Any revision, amendment or modification to this Agreement, shall only be valid if in writing and
signed by all parties.
9. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type of Insurance Coverage Limits
Workers' Compensation Statutory
Employers Liability, including occupational
Disease $500,000
Comprehensive Automobile Liability including $150,000 per person and
all owned, non-owned and hired Colorado vehicles $600,000 per occurrence as
specified in the Governmental
Immunity Act, whichever is greater.
Comprehensive General Liability, including $150,000 per person and
Broad form property damage $600,000 per occurrence or as
specified in the Colorado
Governmental Immunity Act,
whichever is greater
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to Eagle County upon execution of the Agreement.
10. 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, the prevailing party shall be
entitled to recover its attorney fees and costs, staff time and any 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, aad
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.
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 or June 30th 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.
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 through its Board of County Commissioners
CONTRACTOR: Eagle River Youth Coalition
By:
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