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Home My WebLink AboutC03-262 Connie Benson• AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Connie Benson 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, Connie Benson, hereinafter "Contractor." 1. AGREEMENT: This Agreement-shall commence on September 9, 2003 and shall end on December 31, 2003. 2. SCOPE: The Contractor will provide legal process services for Eagle County Child Support Enforcement. The service unit cost for process service is $75 for service in the Avon to Dotsero and Roaring Fork portion of Eagle County. The service unit cost for process service in Vail is $90. The service unit cost for non-service is the same as the service fee amounts above. This non-service cost will be paid only after a minimum of four (4) attempts have been made and Contractor has utilized all other available sources or information to locate the party to be served. The County is responsible for the requesting and authorizing legal process service. There shall be no payment for services provided without prior written authorization for such services by the County. 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. 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. B. The Contractor shall be solely responsible for ensuring proper credentialing for providing services under this Agreement. • • Agreement between Eagle County and Page 2 Connie Benson 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. G. Contractor shall assure that the service described herein is provided to the County at cost not greater than that charged to other persons in the same community. H. 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. I. The Contractor shall submit individual billings to the County. Billings will be paid through the County's usual bill paying process. 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 Connie Benson Post Office Box 660 3188 Hill Avenue, Apt B Eagle, CO 81631 Grand Junction, CO 81504 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. 8. 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. • Agreement between Eagle County and Page 3 Connie Benson 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 ofany 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. 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 ofany breach hereof or because of any of the terms, covenants, agreements and conditions herein. Agreement between Eagle County and Page 4 Connie Benson 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 Countx Commissioners By:~(~t~ 1?-~ichael L. ®~ ~~~ ~. ATTEST: ~ ~~ e~ Clerk to the Board o Coup Commissio c®c~s~®® CONTRACTOR: Connie Benson ~~~