Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC05-213 Jason Kirkhove
3 /!.
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
JASON KIRKHOVE
THIS AGREEMENT made this 1ih day of July, 2005, by and between the County of Eagle,
State of Colorado, a body corporate and politic, by and through its Board of County
Commissioners, "County" and, Jason Kirkhove, hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on July 5, 2005 and shall end on June 30, 2006.
2. SCOPE:
Eagle County hereby contracts with the Contractor for research, analysis, group facilitation,
technical writing and strategic planning services, toward a five-year community health
assessment and strategic plan.
The Contractor will develop a report (in a format stipulated by the County), on one or two
identified priority heath issues within Eagle County, including sections a-e below.
a. Description of the health issue(s)
b. Description of situation in Eagle County (what is the need, where does the system
work, where are the barriers, where are the gaps. Where data is available, compare the
situation in Eagle County with other counties or the state. Graphs, charts and tables
will be developed as appropriate for illustration)
c. Recommendations toward improving the situation (recommendations from
subcommittee, literature review, subject matter experts, focus groups and research on
model programs elsewhere)
d. Strategic planning based on the recommendations that includes measurable goals,
time line, potential resources and entity responsible for taking the lead
Additional activities include the following:
1. Consultation with the County's Public Health Manager
2. Participation in steering committee meetings or identified subcommittees
3. Meeting facilitation as requested by the County through its Public Health Manager
4. Community assessment as directed by the County's Public Health Manager, which may
include one on one interviews; focus groups; town hall or other meetings.
5. Literature review; model program review; review of relevant legislation/laws; and
objective data gathering (potentially both primary and secondary) as requested by the
County's Public Health Manager.
Professional services will be reimbursed at an hourly rate of $ 50. All services under this
agreement will be authorized in advance in writing by the County. Time spent in travel,
professional education and networking, or independent research not requested by the County is
not eligible for reimbursement. The contractor may be reimbursed for mileage associated with
requested on-site program visits at the rate of $.345/mile. The maximum amount of this
agreement is $4500.
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.
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 (3) years and may be 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
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
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. The Contractor will provide periodic written reports concerning services under this
Agreement. Contractor shall provide the County with deliverables according to the following
timeline:
· Report outline by November 1, 2005
· First draft of assessment results by January 15, 2006
· Second draft of assessment results/recommendations by March 15, 2006
. Completion of strategic plan by April 15, 2006
· Completion of final report by May 15, 2006
F. 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. The Contractor shall submit monthly billings to the County. Invoices will document the dates
of service; nature of service; hours of service provided. Reimbursement for services is dependent
on the timely receipt of deliverables identified in Section 4; paragraph D.
Billings will be paid through the County's usual bill paying process. Billings must be submitted by
the fifth working day of the subsequent month in order to be eligible for reimbursement, except
that billings for services provided through and billings for services provided through December
31, 2005 must be submitted by January 6, 2006 in order to 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 Jason Kerkhove
Post Office Box 660 P.O. Box 3892
Eagle, CO 81631 Vail, CO 81658
Notice shall be deemed given three (3) days after the date 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:
Tvpe of Insurance
Professional Liability Insurance $ 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 of the Contractor shaH be
deemed to be an agent, employee or volunteer of the County.
B. This Agreement shaH 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 shaH be entitled to recover aU 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 shaH not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
E. Contractor shan 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 aU 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 aU 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.RS. 29-1-101 et.seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
H. This Agreement shan 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
shaH be exclusive in Eagle County, Colorado.
I. This Agreement supersedes aU 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.
CO~F EAGLE, STATE OF COLORADO
By d t ~ \ h its Board of County Commissioners
By:
Am Menconi, Chairman
.:/
~
Clerk to the Board of County Commissioner ~
f.:1-1'. ~(,. --".-:r ~ I Wu