No preview available
HomeMy WebLinkAboutC05-354 Eagle River Youth Coalition AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Eagle River Y ooth Coalition TIllS AGREEMENT made this 6th day of December, 2005, by and between the County of Eagle, State of Colorado, a body corporate and politic, ("Countyn) and Eagle River Youth Coalition, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on October 1,2005, and shall end on June 30, 2006. Technical assistance in tobacco use prevention will be provided by the contractor for approximately 50 hours per month for nine months at the rate of $ 20 per hour. The maximum amount of this contract for professional technical assistance services shall not exceed $ 9,MO. 2. SCOPE A. Scope of work: The Eagle River Youth Coalition will support the program goals of the Eagle County Tobacco Program in preventing and reducing tobacco use by adolescents in accordance with the Attachment A - plan summary. B. Reimbursement: Services win be reimbursed by the County from the Contractor on the basis of documented expenses in accordance with the approved program plan. The Contractor shall submit to the Eagle County Department of Health and Human Services a monthly statement of program budget expenditures and in-kind contributions with attached invoices or in-kind documentation. 3. TERMINATION: The County may terminate this Agreement upon ten (l0) days written notice to Contractor if it is deemed by the County in its sole discretio~ 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 additio~ any funds oot properly expended according to project objectives shan be returned by Contractor to County. In the event the Contractor becomes insolvent, is declared bank:mpt, 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 oot so expended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate records of matching expenditures 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. C. Customer Service!fennination: 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 oot being met by the Contractor, the County may terminate this Contract, in whole or in part, upon providing ten {I 0) days notice to the Contractor. D. Contractor shall provide the County with quarterly reports concerning services under this Agreement. 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 5. COUNTY'S DUTIES: The County agrees to the following: A. To provide project management and community liaison services through assignment of the Public Health Manager to the project. B. To provide copies of state and other grant requirements, HHS policies, procedures, fonns for reporting, and other record keeping requirements to ensure compliance with grant guidelines. C. To assist in community public awareness activities. 6. NOTICE Any notice provided for herein 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 Eagle River Youth Coaltion Health & Human Services P.O. Box 4613 P.O. Box 660 Edwards, CO 81632 Eagle, CO 81631 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. 7. 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. 8. MODIFICATION: Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. 9. INSURANCE: At all times during the term of this Agreement, Contractor shall maintain in fun force and effect the following insurance: Type of Insurance Coverage Limits Workers' Compensation Statutory Employers Liability, including occupational Disease $500,000 Comprehensive Automobile Liability including $150,000 per person and all owned, non-owned and hired Colorado vehicles $600,000 per occurrence as specified in the Governmental Immunity Act, whichever is greater. Comprehensive General Liability, including $150,000 per person and Broad form property damage $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater 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. 10. 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 of litigation 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 hannless 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 Agreemen~ 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 or June 30th 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. 929-1-101 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. 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 WIlNESS 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 County Commissioners ., Chairman ATTEST: CONTRACTOR: Eagle River Youth Coalition Attachment A Plan Summary The strategic plan is typically reviewed and updated on an annual basis with the last formal review in October 2004. Much attention will be paid to revising the coalition's existing 5-year plan to align more closely with the State Strategic Plan. As per the coalition's existing 5-year plan, Eagle County's FY 2005-2006 tobacco prevention and control program will focus on the following goals: 1. Prevent and reduce tobacco use by adolescents 2. Reduce tobacco use by adults 3. Eliminate exposure to secondhand smoke 4. Develop and sustain a coordinated and comprehensive local tobacco control and prevention initiative Only a brief summary is given with each Priority Strategy listed below. Please see detailed Annual Action Plans submitted with this application for funding. Goal #1: Prevent and reduce tobacco use by adolescents Priority Strategies: Promote Compliance with Colorado's Tobacco-Free Schools Law The project will increase the number of schools in compliance (with written enforcement policy/protocols) by conducting interviews/discussions with staff and students, reviewing and revising policies in student, teacher, and parent manuals, and continually inventorying for signage needs. Priority Strategies: Promote youth advocacy and empowerment The project will increase the number of youth involved in youth empowerment tobacco control activities through recruitment and formation of additional youth coalitions to promote nonuse and increase awareness of harm associated with tobacco use and decreasing social acceptability. Spit tobacco use education is a priority. Priority Strategies:, Decrease access to tobacco products The project will coordinate Synar compliance checks and educate retailers about youth tobacco possession laws. Priority Strategies: Promote youth tobacco cessation programs The project will increase the number of adolescent contacts to QuitLine and QuitNet and oversee coordination ofN.O.T. cessation programs for high school students. Goal #2: Reduce tobacco use by adults 16 Priority Strategies: Promote adult cessation programs The project will promote the QuitLine/QuitNet to all Eagle County adults, promote the availability of free NRT, promote cessation at worksites training employers to use the You Can Quit curriculum, and support healthcare providers to assess and intervene on patient tobacco use, using CCGC materials. Goal #3: Eliminate exposure to secondhand smoke Priority Strategies: Increase public awareness about the harmful effects of tobacco use on children Educate and empower healthcare workers and childcare workers on how to intervene with parents, and promote smoke-free homes and autos. Priority Strategies: Promote the numerous benefits of the smoke-free workplace (particularly restaurants and bars and those impacted in the hospitality industry) Educate local tobacco control coalitions on how to increase support for smoke-free environments in their communities and the processes necessary for establishing smoke-free standards, conduct a media/educational campaign on the benefits of smoke-free workplaces, educate hospitality workers about the health benefits of a smoke-free workplace, educate about existing smoke-free policies, provide technical assistance to local communities on establishing smoke-free environments, and collect and disseminate data on the number of communities/people in Colorado who are protected by clean indoor air. Goal #4: Develop and sustain a coordinated and comprehensive local tobacco control and prevention initiative Priority Strategies: Review capacity building (infrastructure) needs in order to most effectively implement a comprehensive tobacco control program consistent with HB05- 1262 mandated goals and priorities - much attention will be paid to this strategy during the 9-month period Revise an existing five-year strategic plan, establish and maintain a community-based tobacco control coalition(s), participate in discussion about an adequate infrastructure for coordinating tobacco control and prevention programs and activities in Colorado, and for communicating this information to all stakeholders, partners, and providers that may include changes in current staffing patterns. 17