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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