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Home My WebLink AboutC06-110 ( {'e6 -We .,;Jt,.. ( AGREEMffiNT BETWEEN EAGLE COUNTY A,d EAGLF. RIVER YOUTH COALITION This Agreement ("the Agl\'ement"), made this 4th day of April. 2006, hctween EIlgle County, Colorado ("County") and the Eagle River Youth Coalition (ERYC) ("Contractor'), WITNESSETH: Whereas, County, through its Department of Health and Human Services ("HilS"), works to promote the health. safety and weJfare of County residents of all ages; and Whereas. among the services County provides in order to promolC sueh.heallh, saf efyand welfare as tl1.e Summer Activities Fair; and Whereas. the use of outside providers of such services enhances the abiHty of the County to promote such health. safety and welfare; and Whereas, Contractor is a provider of such. services and wishes to contract with County to provide sucl1. serl'ices to County residenls in need thereof. Now, therefore, in consideration of the foregoing premises and the tollowing promises, County and Contractor enter into this Agr"''Illent. Artiele I: SCOPE Contractor shall organire and implement a Summer Youth AClivities fair in the Eagle River Valley in May of2006 for parents and youth to conncct with non-proHl community youth organizations and activities that will promore positive youth and fllmilydevelo pment;induding: j;> planning and organizing activities to assure comprehensive participation ofnOll-profi t :l'outh and family agencies and activities takingplacc in F..agle Counly '" OutreachalldmarketingactivitiestoassureyouthandfamilyparticipationinlhI' Summer Activities Fair , soliciiationand acquisition of additional commullity sponsors for the SununerY outh Activities Fair. ;.. coordination with the Eagle County Health & Human Services, Eagle County School District and the Workforce Center for the conduct of the Summer Activities Fair. Article n: TERM This Agreement shall commence on April I. 20M and shall terminate on December 3 I, 2006 ("the Terrn"). , ( . C Article 10: COMPENSATION A. County will compensate Contraclor for performance of Assigned Services as follows in accordance with the approved budget in Attachment A. The maximum amoullt of reimbursement nnder this agreemcnt sban not excecd SS,6O{I. B. if. prior to paymcnt ofcompensatilm orreimburscment for services but after suhmissio nto Counlyofal"C<juesttherefor by Contractor. COunty reasonably determmeslhatpayrnent as requested wouJd be improper because the services wcre not performed as prescribed by th" provisions arthis Agreement, the County shall have no obligation 10 make such payment. It; at any time after Or during thcTennoraftcrtctminationof this Agreement as hereinafter provided Or expiration of this Agr..ement, CoUllly reasonably delerrnines that an)' payment theretofore paid by County to Contrac.tor was improper bcx:ause the services for which payment was made Were not performed as prescribed by the provisions arlhis Agreement, then upon written notice of such dctermination and request for reimbursemcnt from County. Con!J:l<-10r shall lorthwith return such paymcnl to County. Upon tennination oflhis Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to ConlTllCtor sh alltorrhwith be rerurned to County. IV. TERMINATION County may terminate this Agreement at any lime and lor any reason orno reas[llJ upon written noticetoConlractorspecifyingthedateoftermination.whichdateshallbenOllessthanten (10) days from the date of the notice. fnthe evemComractor files for bankruptcy or is d""lared bankrupt or dissolves. Counly may d""lare in writing that this Agr"ement is terminated, and all rights ofContTactor and obligations ofCounly, except for payment of accrued but unpaid fees and expenses. shall terminaleimmediatcly. V. CONTRACTOR'S DUTIES A. All f,mlls ra:eived by Contractor under this Agreement shall be or have been expended solely for the putpo:>e for which wanted. and any funds not:;o expended, including funds Jost or diverted for other purposes, shall be returned 10 County. B. Contractor shall maintain. fur a minimum of3 years. adequate financial and programmatic records lor reporting to Counly On performance ifits responsibilities hereunder. Conlrrn;tor shall be subjeL1 to financial audit by federal, state or CCUnly auditors or their desi gnees. Contractor authorizes County to perform audits or to make inspections duringnorrnal bus inesshours.upon 48 hours notice to Contractor, for the purpose ofevaluatingperlorrnance undcrlhis Agreemcnt. Contractor shal[eooperate fully with authorized HHS representstives in the observation an d evaluation of the program and records. Contraclor shall have the righl to dispute a nycJaimsof misuse of funds and seek an amicable resolution with County. , ( ( C. In rendering its,;erviccshereunder. Contractor shalt comply with the highest stan dardsof customer service to the public. Contractor shall provide appropriate supervision of its employees !oensurethemaintcnlUloeofthesehighstandanlsofcuslomerserviceandprofessiona!ism,the pl'rtormanceofsuchobligaliOlltoOedetennincdattheoolediscretionofCounty. In the event that County finds these standards ofcuslomer service are not being met by Contractor. County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor. D, The Conlracrorwill coordinate all news releases. advertisements. and publicity with the County. All communications regarding the Summer Activities Fair will clearly identity Eagle County Health & Human Services as sponsor of the Summer Activities Fair. The Eagle Coumy logo will appear on all public infurmation regarding the Summer Activities Fair. E. The County requests a written report concerning services under this Agreement. This report will include information on the number and type of youth and family service organizations and ProgrumsparticipatingintheSummerActivitiesFair;onthenumberofyouthandpan:rns particlpating in the Summer Activities Fair, and an evaluation of the ovcmll conduct ofthe Summer Activities Fair with recommendations fur future Summer Activities Fail'l. F. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1913,concemingdiscrimination on the basis ofrace. color, sex, age, religion, political beliefs, national origin, or handicap. U. Contractor may submit periodic billings to County. All billings must be substantiated by receipts or documentation of stafftiDle and staff COSl~ associated with the Summer Activities fair. The Contractor may request an advance from the County for services under this Agreement. All advances will be reconciled with the County with documentation ofreceipts and staff time within two months ofthe advance. Billings for services provided througb December31, 2006 must be submitled by January 6, 2007 in ordcrto be e1igiblcfor reimbursement. VI. NOTICE Any notice required lIDderthis Agreemcnt shall begivcn in writing byregislered or certified mail; return receipt rcquesled wruch shall be addressed as fnllows: COUNTY: CONTRACTOR: Eagle County Health & Human Services Eagle RiverYoUlh Coa]ition P.O. Box 660 p.o. Box 4613 Eagle, CO 81631 Edwards, CO 81632 Notice shall be deemed givcn three (3) days after the date ofdcposit in a regular depository of lheUnitedStatcsPostalService. , ( .. i VIL ASSIGlIi'MENT COnlr~1m shall not assign any of its rights or dUlies under this Agreemenllo a third party without the prior wrinen wnsent of County. County shall terminate lhis Agreement in the event ofanyassignmentwithoutitspriorwrittenconsentofCounly. VTU. MODIFICATION A.IlY revision, amendment or modification of/his Agreement shall be valid only if in writing and signed by all parries. IX. INSURANCE At all limes during the term of this Agreement, COnlTactor shall mainmin in ["II force and elTect the following Insurance: TYDeoflnsuranC<l Covera1l:eLimits General Liability Insumnce l> 500,000 pe:roccurrence COJllractorshall purchase and maintain such insunmce as required above and shall provide certificates of insurance in a fonn aC<:<lptable to County upon execution ofthi, Agreement. X. MlSCF,U.ANEOUS A. The relationship ofContrac!or to County is that of independent conll'llCtor. No agent, employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of County. fl. Inthe event of litigation in connection with this Agrccment, the preva iling party shall be eniitledtorecoverallreasonahleoostsincurred,includinga{(omeyfees.cOSl~.SLafftimeand other claim related expense. C. Invalidityorunenforceabilityofanyprm'isionofthisAgreementshallnotal'tb:;l the other provisions hereo:E; and this Ag.reement shall be construed as ifsuch invalid or unenforceable pmvision was omitted. D. Contractor shall indemnity and hold hannless County, its Board of Commissioners., and the individual members thereof,its agencies, departments. officers, agents, ernp loyccs,>en'antsand its successors from any and all demands. losses. liabilities. claims or judgmenls. together with all <:Ostsandexpenses. including but not limiled to attomey fees, incident thereto wh ich may accrue againsl, be charged to or be rceo"crable from County. its Board of Commissioners, and the individual membersthercof,itsagencies. departmenls, officers, agents, cmp loyccs,servantsand itssuC<:<l'5ors.asaresultoftheactsoromissionsofContractor,itsemployees or agents, in or in part pursuant to this Agreement or ansing directiy Or indirectly outofConlractor's ex erciseofils privileges or performance of its obligations under this Agreement. , ( ( E. Contractor shall comply at all times and in all respects with all applicablefedera I,stlllellfld local laws, resolutions. and codes. F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under Ibis Agreement after, nor shall any payments be made to Contractor in respect Gfany pcriodafter, December 31sIofthe caJendar year oflhe Term orthis AlP"Xment, without 3Il appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance witb the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (CR.S. 29-1-101 et.seq.) and the TABOR Amendment (COIOraUD Constitution, Article X, S~'C. 20). G. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue forllllY suit, righl or cause of action arising under, or in conneclion w iththisAgrcement shallbc exc1usive in Eagle County, Colorado. H. This Agreement supersedes all previous communications, negotiations and/or agreements between the respective parries hereto, either verbal or written, and the same note xpressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are norcpresenrations about any of the suhject matter hercofexrept: as expressly set fortll in this Agreement I. This Agreement does not, and shall not be deemed or con,trued to, confer upon nr grant to any third party or parties any right toc1aim damages or to bring any suit, action or other proceeding against either ContTll(,tor or County because of any breach hereof or because ofllDY of the tenns, covenants, agreements and condilionsherein. J. Conlnll:torcertifies that it has rcad the Agreement, understands each and every tenn and the requirements set forth herein, and agrees to comply with the same. , ( , , 1n Witness v,'heroot; County and Contrador have executed this Agreement in triplicate on the dale set forth above. Two counterparts have been delivered to County and one to Contractor. ~. R. cterF. Runyon, Chainnan '0" ~ ATlEST: -"-":<""-l ~{y: , Clerk to the Board of County COlT] . CONTRACTOR:&lgle River Youth COlllition By:__. ~~ Attachment A EagleRiverYontbO",titloD Budget 2006 Summer Activities Fair Siafftime SO It....n (iii $25 $2,000 Advertising Newspaper 1,271 Radin ,"00 Supplies 500 $4,'.171 .