HomeMy WebLinkAboutC05-207 Julia Kozusko
U6~ .2tJ::{~ :J Z.
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
JULIA KOZUSKO
THIS AGREEMENT made this 5th day of July, 2005, by and between the County of Eagle, State
of Colorado, a body corporate and politic, "County" and Julia Kozusko, hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on July 1, 2005 and shall end on December 31, 2005.
2. SCOPE:
The Contractor will develop and coordinate a speaker's bureau to present information on early
childhood issues and model programs in early childhood services for the Eagle County Early
Childhood Initiative. Specifically, the Contractor will:
1. Identify community groups interested in an early childhood presentation and
schedule those presentations.
11. Develop fact sheets, speaking points, surveys, and powerpoint presentations for
use by the speaker's bureau.
111. Recruit, train, and schedule presentors for community groups.
IV. Follow-up with organizations requesting additional information and/or
presentations.
v. Document and evaluate the issues and concerns shared by community
organizations with the Early Childhood Initiative.
The County, through the Director of Health & Human Services, is responsible for the assignment
of activities under this agreement. Reimbursement under this agreement will be at the hourly rate
of $ 30, not to exceed $ 4500. Program resources associated with these services may be
reimbursed in an amount not to exceed $500.
3. TERMINATION: 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.
The Contractor may terminate this Agreement upon ten (10) days written notice to County if it is
deemed by the Contractor in its sole discretion the County is not fulfilling the terms of this
agreement, or for any other reason. In addition, the County will be responsible to pay for any
properly expended funds according to the terms of this agreement.
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 may be 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. The Contractor hereby authorizes the County to
perform audits or to make inspections during normal business hours upon 48 hours written 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 evaluation of the program and records. The Contractor shall have the right to
dispute any claims of misuse of funds to the extent allowable by law.
C. Customer Service/Termination: In rendering its services, Contractor shall comply with the
highest standards of customer service to the public, determined at the sole discretion of the
County. In the event that the County finds the Contractor is not meeting these standards of
customer service, the County may terminate this Contract, upon providing notice to the
Contractor as set forth in Section 3.
D. Contractor shall provide the County with written reports on the activities assigned under this
agreement. Such reports shall include names of organizations receiving presentations; numbers
of persons impacted; evaluation of community presentations including issues identified for
inclusion in the Early Childhood Initiative. All presentation materials will be reviewed and
approved by the County in advance.
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. The Contractor shall submit monthly billings to the County within 10 days following the end
of the month. Billings shall identify staff costs by participating program and by program
component. Non-personnel costs may be submitted on an overall program basis. Payroll
statements or receipts shall accompany all billings. Billings will be paid through the County's
usual bill paying process. Billings that are received more than 45 days after the provision of
service will not be eligible for reimbursement. Billings for services provided through December
31, 2005 and received after January 6, 2006 will not be eligible 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:
THE COUNTY: THE CONTRACTOR:
Eagle County Health & Human Services Julia Kozsuko
Post Office Box 660 P.O. Box 18536
Eagle, CO 81631 Avon, CO 81620
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. 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
Professional Liability Insurance $ 500,000 per occurrence
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.
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 ofthe 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 oflitigation 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, 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. Both parties 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 31 st of the 2005 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.RS. '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 ofthe 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
Bya tough its Board of County Commissioners
ATTEST:
to the Board of County Commissioners
Julia Kozusko
B
