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HomeMy WebLinkAboutC06-123 .F;;~'j ',;,'/,- AGREE\fE:'<T BETWEEN EAGLE COU.....TY AND ROARNG FORK FAMILY RESOURCE CENTERS 11lis Agreement ("the Agreement"), made this 17th day of April, 2006, between Eagle County, Colorudo ("'County") und Roaring Fork Fami]y Rewurce Center,; ("Contmctor"), WITNESSETU: \Vhereas, Connty, tlrrough its Department of Health and !Iuman Servi<:es ("HHS"l. works to promotethehealth,,;afetyand welfareofCountyresidents 0fal] ages; and Whereas, umong the servi<:es Counly provides in order to prornote such health, safety and welfare are grants-in-aid to non-profit human scni<:eorganizations whose work assists the County in thellc<:ompli5hment of the Health & Humun Services goals to: , Redu<:epoverty i'- Strengthenfamilie~intheeareOt'tlleirchi]dren , Achieve IVell-being and independent Jiving for scnior:s and disabJed adult~ , Improve community health statns, and , Impwvelhe<:ommunityljllalityoflife, \\'hereas, the ll,;e of outside providers of,;u<:h services enhances theahilityoftheCountyto promote such health, 1illfetyand welfure; and \\ihereas, Contraetor;,; a provider of ,;uch scn'i<:e~ and wishe~ to contract with County to prO\ide >uchservices to Counlyre~identsin need thereof Now, therefore, in <:onsideration of the foregoing prernises llJl(j the folIowingprornises,County and Contractor enter into this Agreement. Article 1; SCOPE Contmetor shall provide ~ervices to reduce poverty and strengthen families in the care of their <:hildren. Specifically,theContraetorlVilL , CO[lIlect student> und familie,; with h<:alth care services und services to meet hasic needsoffi>od,clotlting,utilities,andehild<:areanda,;sJ~tfumiliesto access needed ser\'1<:e,;, , CO[llled shldents und families with mcntul healtll service,; und family support services and provide free parent education in Engli~h and Spani~h ;... Connect youth IVJth mental health, socia] skJil development, academi<:, and rcereationa] and enrichment opportunities. ;;, Assi,t s<:hoo]s \\1th ChamCll!r Count.I','. Hul/v-proofing, and Developmental Assets initi<ltives. , Provide public health education through new~lettcrs and trainings, i'- Develop collabor<ltive efforts IVJth schools and commumty agencies to meet human ~erviceand health needs. ( . ( Article II: TERM This Agreement shall commence on J:lTluary 1, 2006 and shall terminale on December 31, 2006. Articleill: COMPENSATION A. Eagle County will provide the Contractor a grilllt in the amount of$ 4,000 in two payments; One payment of$2000 on orabaut April 27, 2006 and onepaymcntof$2,OOO Oil September 15, 2006. B. It; prior to payment ofoompen"lltion or reirnhurscment tor ""rvices but after submission to County ofa request therelorby ConlIactor, County reasonably detcrm ines that paymem as requcsleuwouldbeimpropcrbecausclbeservlccswerenolperformcdasprescribedhythc provisions oflhis Agreement, the County shall have no obligation to make 5ucb payment. It; at anytirneaftcrorduringlheTermoraftertcrminationofthisAgreementasherelnaftcrprovided or expiration oflhl, Agreemenl, County reasonably detennines that any payment theretofore paid by County to Contractor was improp~'r because the services for which payment was made were nOI performed as prescribed by tlJe provisions oftlJis Agreemenl, lhen upon written nOlice of such determination and request tor reimbursement from Counly, Contraclor shall forthwith retum such payment to County. Upon termination of this Agrecment as hcreinaf'ter provided or expiration of the Tcrm, any unexpendcd funds advanced by County to Con traetorshallforthwilh be returncd to County. IV. TERMINATION Counly may terminate this Agreemcnt at any lime and for any reason or no rcason upon written notice to Contnlctor specifying the dateoftennination, which dale shall be not less than ten (jO) daysliumlhedateofthenotice. In tlJe event Contractor files for bankruptcy orisdeelarcd bankrupt or dis.,oives, County may declare in writing that this Agreemenl is terminated, and all rights ofContraclorand obiigations of County, except tor paymenl 0 faccrued but unpaid fees andcxpenscs, shall terminateinunediately. V. CONTRACTOR'SDUTlES A. AIi funds received by Contractor under this Agreement shall be or have been expended sOleiytorthepurposcforwhichgranted,andanyfundsnotsoexpendcd,includingfundsioslor divertcd for other purposes, shall be relurnedto Counly. B. Contractor shali maintain, for a minimum 00 years, adequale financial and programmatic rccordstorreportingtoCounlyonperforrnanceifitsresponsibilitieshereundcr. Contractorshall be subject to tlnllileiai audit by county auditors or their designees. COnlraClorauthorizesCounly to perform audits or 10 make inspections during norrnal business hours, up on48 hours nOlice to Contractor, tor the purpose of evaiuating perfonnanee under this Agreement. Conlractor shall cooperate fullywitlJ authorized HHS representatives in the observation an d evaluation of the program lII1d records. Contractor shall have the right to dispule any claims 0 fmisuseoffunds and scck an amicable resolution with County. , , , C. In rendering its services hereunder, ContraclorshaH comp[y wilh the high eSIsj'lJ1dardsof customer service to the pubHc. ContraclOrshall provide appropriate supervision of it, empJoyees to ensure the mllintenanceofthesehigh,tandards of customer service and p rofessionalism,the performance of such obligation to be detennined al lhe sole discrelioTl of County. Intheevent that County find,theseslandards ofcustornerservice are not being mel by Con traclor, County may lermiTlate this Agreement, in whok or in pari, upon ten (I 0) days notice to the Contractor. D. Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing service, of the kind provided by Contrnctor under this Agretmlen t. E. "me Counly requests the Contractor 10 work in collaboration with HilS in lh~ developmenl of inter-ag~ncy referral protoc.ols regarding the Contrac.tor's and County's services. The Contractor will advise the Direclor ofHHS in writing of all community CDlJllboration activities sponsored or convened by the Contraclor for purpos~s ofHHS parlicipation in such IlCtlvili~s. F. The County requ~sts an annual written report concernIng services und~r lhis Agreement. This report shall inc1ud~ the number of sludents and famili~s participating in the Contm~1:or's servic~s as noted under, Artic]~ T: Scope, Oflhis Agrecment. This report sl1alllllso inc1ud~ a documentationoftheoulcomesofservic~,totheeXlenlthattheConlractorco]Jeclsthis informlllion On program participants, specifically: J- the numbers ofparlicipating families wIth incomes under 185% of the f~d~ral poverty level who were able to achi~v~ family inCDmeS of 185% offederal family poverty or more as a result ofbcing conneckd with community services lhat incJeased lh~ total eqllivaJenlfinancialr~sollrx:esavailabletothefamily, > the perc~ntage of participating families and youth idenlified at risk of abuse, negl~ct. family violence, or out of home placement for whom repeal~d neglect, abus~, violence, Or out of home placemenl was prevenl~d as a result of the programs and servicesoflh~Contraclor > lh~ numbers of children and youth who received immunization s~rvices, were c.onnecloo with a m~dical hom~, or were abl~ to access preventative health c.are servic~sasaresultoftheprogramsandservicesoftheContractoL Preventative health servicesllCcess should be separately idenlified by menIal helllth ,d~ntalhealth, mediculhealthservices. The Annual Report musl be suhmlned no llller lhan December 15, 2006 in order for the ContractortobeeligibleforconsiderationundertheEagl~CollntyHllrnanService Gram program in subsequent years. F. Contractor shall comply with lh~ requirements of the Civil Rights Act of 1964 and Section 504,Rehllbilitation Act of 1973,concerningdiscrimination on the basis 0 frace, color, sex, age, religion, political belietS,nalional origin, or handicap. ; ( , , G. Contractor shal[safcguard informatiun and confidentiaUty of the child and the chiJd's farnily in accordance with rules of the Colorado Department of J [uman Services and Eagle County lIealthand lIuman Services, and the lIealth IntormationPrivacyandAccountab ijityAd. H. Contractor shall notity HHS immediately of all reports ofsuspccled child abuse or neglect involvingContraclor, including, but not limited to, cmpJoyees, vol unteersanddicnts. HRS contractors arcconsidcrcd tu he mandatory rcporters tor suspected child ahu se and neglect and are to make those repom directly to HIlS Youth & Family Services Division _ (970) 328-884{J. I. Contractor shall pnrticipate in an armual trainingprovidcd by County regard ingprograrn rcquirementsandeligibility;childabuscandneglcctreporting;and,financiaJandprogram reporlingloCuunty. VI. NOTICE Anynolicerequircd under this Agreement shall be given in writing byrcgiste redoreertitied mail; retum receiptreqoested which shaJl be addressed as follows: COUNTY: CONTRACTOR: Eagle County Health & Human Services Roaring Fork Family Resource Centers P. O. Box 660 (mailing address) P.O. Box 1833 (mailingaddrcss) (551 Broadway-physiealloealion) 18(l Snowmass Drive {physical address) Eagle,C081631 Carbondale, CO 81623 NOlice shall be deemed given thl'ee (3) <.ta)., atler lhe <late of deposit inar egulll1' depositOT)' of the Utlited Sratcs Po,ta1 Service. VII. ASSIGNMENT Contractor shall nOl assign any of its rights or duties under this Agr eementto a third party without the prior "Tirten consent of County. County shall terminate thi, Agreement in the cvent of any assignment without its priorwrirten consenl of County. VIII. MODIFICATION Any revision, amendment or modification ofthis Agreement shall be valid only ifin writing and signed by all parties. IX. INSURM'CE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following in,urance: Tv""nfjn,urallce CO\'c"'~eT.imi1, Worlers' Compen'alion Statu",,)' Emplo~.e" Liabilily, including occupational di'ease $500,000 CornprehenslvcGcneraILi.biJj'l',inciuding $l,O,OOOperper;onand brnadl('rnlprnpcrlydamage g,oO,OOOp<roccurrenceorossp""jiietlintheColontdo Governmcntallmlnunil;,AOI."hichcveris~re"":r Prol;'''ionaIUabilll)'In,urnn"" $500,(){)Op.roocurrenoe , ( ( Conlraclorshall purchase and maintain such insurance as required abo ..c and shall provide certificates of insurance in a form acceptable 10 County UpOll execution Oflhi, Agreement. X. MISCELLANEOUS A. The relationship ofConlractor to County Is that of independent contractor. No agent, employee Or vo[un(cer of Contractor Shall be deemed to be an agent, employee or volunteer of Counly. B. In thceventofliligation in CDnncction with IhisAgreement, lhepre vailingparty shall be entitled to recovcr all reasonablecosl,incurred,includingattorney fees,c osts, staff time and otherclaimrelalcdexpcnse. C. Invalidity Or ullcnforceabllily of any provision of this Agreement shall nota ffect the other provisions hereof; and this Agreemenl shall be construed ",ifsuch invali dorunenforccable provision was omiUed. D. Contractor shall indemnity and hold harmlc" County, its Board ofConuni'sioners, and the individualmembcrslhereof,ilsagencies, departments, ofIiaers,agen ls,emp]oyees,servantSlllld its successors from any and all demands, losses, liabllilies, claims or judgments, togelher with all CDSts and expenses, including but nOllimitcd 10 attorney fees, incident thereto which may accrue againsl, be charged to Or be reCDverable Irom Counly, its Board ofCommissioncrs, and thc Individua] members thereot; its agencic", departments, omcers, agcnts, employees, servants and its succe"ors, as a result of the acts Or omis,ions of Contractor, its em ployeesoragenlS,inorin part pur"uant to this Agreement or ansing dircctly or indirectly oul 0 fContraetor'sexcrciseofits privileges Or performance of its obligalions under this Agreemenl. E. Contractor shall comply at all timcs and in all respects with all applicable federal, state and local laws, resolutions, and codes. F. Notwithstanding anything to the conlrary conlained in this Agreement, County shall have no obligatio", undcr lhis Agreement after, nor Shall any paymenls bc made 10 Contractor in respect of any period after, December 31st onhe calendar year ofthe TCl1l1 of this Agreemenl, witlJout anappropriationthereforebyCountYinaccordanccwithabudgetadopled bytlJe Board of Counly Conunissiollers in compliance witlJ the provisions of Articlc 25, Title 3D of the Colorado Revised Statutes, lhe Local Government Budget Law (C.R.S. 29- ]-101 el.se<].) and the TABOR Amendmenl (Co]orado Consliiution, Article X, Sec. 20). G. This Agreement shall be governcd by the laws ofthc State of Colorado. Jurisdiction and venuefbranysuit,rightorcauscofactionarisingunder,orinCDnneclion wilh tlJis Agreement shall be exc]usive in Eagle Counly, Colorado. , " ( ( H. This Agreemenl supersedes all previous communications, negotialions and/or agreemenls between the respective parties hereto, eitherverbaJ or written, and the same no texpressly contained herein are hereby withdrawn and lUlnulled. Tbis is an integraled agreement and there are no represenw.tions aboul any ofihe subject maller h.ereofexcept a sexpresslysclforthinthis Agreement 1. ThisAgreementdoesnol,andshallnotbedeemedorconslruedto,conferupon Or grant to any third party or parties any right to claim damages 0' 10 br;ng any suit, action or other proceedingagainsl either Contractor or County becaus" of any breach hereoforbt:causeofany oflhe terms, covenants, agreernents and condilions herein. J.COnlractorcertifiesthatitha:<readtheAgreernenl,lInderstandseach and ewry term and the requirements set forth herein, and agrees tll comply willi the sam",. In Wimess Whereol; County and Contractor have execult:d this Agreement in lriplicate on lhe date set forth above. TWll counterparts have bt:en delivered to Counly and one to Contraclor. COUNTY OF EAGLE, STA IE OF COLORADO By and lhroUgh~i~B~fllunty Commissioner, /?; 47;;; /]7 B........, A' . e------ / y: ',-- Peter F. Runyon,Cha nan .". ATTEST' ,'_ ">.' ~~~J"\ , / );J Cbk to the Boar 01 Gunty commlssfun~~~;,.l CONTRACTOR: Rllaring Fork Family R",source C",nt",rs B'~TlcJL,(L .