HomeMy WebLinkAboutC05-297 7- AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND HENRY AKENDE THIS AGREEMENT made this 11 th day of October, 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, Henry Akende, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on October II, 2005 and shall end on November 30,2005. 2. SCOPE: Eagle County hereby contracts with the Contractor for coding, data entry and analysis of the community health survey that is being implemented toward a community health assessment and five-year and strategic plan. . The Contractor will create the coding for a 32 question survey using the SPSS statistical software; . The Contractor will enter up to 1,000 surveys (whatever number of surveys is provided by county) into the SPSS softwear; . The Contractor will provide the data analysis in an SPSS format that will answer the following questions: a. What is the % of respondents which answered each question. b. By income level, what are the percentage of responses to Sections II and III. c. By language spoken at home, what are the percentage of responses to Sections II and III. d. By respondents that live in the Roaring Fork Valley (a combination of the towns of EI Jebel, Emma, Thomasville, Redstone, Marble, Basalt and Carbondale) what are the percentage of responses to Sections II and III. The maximum amount of this agreement for completion of all the items in the scope of work is $1000. 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 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 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 ofthe 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 ofthe 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 County may request periodic written reports concerning services under this Agreement. Otherwise, Contractor shall provide the County with deliverables according to the following timeline: > Analysis will be provided in the form of an SPSS formatted, hardcopy that lists the Question #, the number of people in the specific population answering the question (n=) and the data in terms of a percentage. No later than November 30,2005. > The contractor will provide the SPSS data file that is exclusive to Eagle County and the Roaring Fork Valley, to the County, no later than November 30,2005. H. The Contractor shall submit billings to the County after the following tasks are complete. 1. SPSS survey coding: 5 hours @ $501hr=$250 2. Data entry: 50 hours @ $IO/hour = $500 3. Data analysis: 5 hours @ $50/hr = $250 Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day ofthe 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 Henry Akende Post Office Box 660 P.O. Box 3258 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. 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 oflitigation 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 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 ofthe 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. l. 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 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 ternl 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. EAGLE, STATE OF COLORADO h its Board of County Commissioners By: Am CONTRACTOR: Henry Akende