HomeMy WebLinkAboutC06-186
AGREEMENT BET\VEEN EAGLE COUNTY
AND
DONALD E. COHEN
This Agreement ("the Agreement"), made this 30th day of May, 2006, between Eagle County,
Colorado ("County") and Donald E. Cohen ("Contractor"),
WITNESSETH:
Whereas, County, through its Department of Health and Human Services ("HHS"), works to
promote the health, safety and welfare of County residents of all ages; and
Whereas, among the services County provides in order to promote such health, safety and
welfare is development of a community report on the work of the Early Childhood Initiative; and
Whereas, the use of outside providers of such services enhances the ability 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
such services to County residents in need thereof.
Now, therefore, in consideration ofthe foregoing premises and the following promises, County
and Contractor enter into this Agreement.
Article I: SCOPE
Contractor shall provide produce consistently thematic public information tools for the County's
Early Childhood Initiative, as detailed in Attachment A. Specifically, the contractor shall:
~ Develop, write, and design a brochure targeted to the general population that provides
an introduction to early childhood issues in Eagle County.
~ Develop, write, and design a more extensive publication targeted for use by
community leaders, early childhood advocates, public policy experts, and elected
officials. This publication will expand the business case for early childhood
programs.
~ Develop and produce an electronic screen presentation of approximately 20 minutes
in length designed for use in community forums and meetings.
~ Manage production of the aforementioned tools with vendors.
Article II: TERM
This Agreement shall commence on May 1, 2006 and shall terminate on December 31, 2006
Article III: COMPENSATION
A. County will compensate Contractor for performance of Assigned Services as follows: (1) for
development ofthe overview brochure, $ 2240; (2) for development of the in-depth brochure,
$ 4,320; (3) for development of the public information presentation, $ l,200; (4) for printing
costs, between $ 3,500 and $4,500. The maximum total amount of reimbursement under this
agreement is $12,500.
B. If, prior to payment of compensation or reimbursement for services but after submission to
County of a request therefor by Contractor, County reasonably determines that payment as
requested would be improper because the services were not performed as prescribed by the
provisions of this Agreement, the County shall have no obligation to make such payment. If, at
any time after or during the Term or after termination of this Agreement as hereinafter provided
or expiration of this Agreement, County reasonably determines that any payment theretofore paid
by County to Contractor was improper because the services for which payment was made were
not performed as prescribed by the provisions of this Agreement, then upon written notice of
such determination and request for reimbursement from County, Contractor shall forthwith return
such payment to County. Upon termination of this Agreement as hereinafter provided or
expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith
be returned to County.
IV. TERMINATION
County may terminate this Agreement at any time and for any reason or no reason upon written
notice to Contractor specifying the date oftermination, which date shall be not less than ten (10)
days from the date ofthe notice. In the event Contractor files for bankruptcy or is declared
bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all
rights of Contractor and obligations of County, except for payment of accrued but unpaid fees
and expenses, shall terminate immediately.
V. CONTRACTOR'S DUTIES
A. All funds received by Contractor under this Agreement shall be or have been 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, for a minimum of 3 years, adequate financial and programmatic
records for reporting to County on performance if its responsibilities hereunder. Contractor shall
be subject to financial audit by federal, state or county auditors or their designees. Contractor
authorizes 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.
Contractor shall cooperate fully with authorized HHS representatives in the observation and
evaluation of the program and records. Contractor shall have the right to dispute any claims of
misuse of funds and seek an amicable resolution with County.
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C. In rendering its services hereunder, 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 County. In the event
that County finds these standards of customer 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 Contractor will completed work according to the following schedule:
> Brochure content and preliminary layouts completed - May 26
> Final art work completed - June 9
> Electronic presentation completed - June 19
> Delivery of printed materials - June 23
The Contractor will provide drafts of content and layouts to the County for review and approval
prior to proceeding with production.
G. Contractor shall assure that the service described herein is provided to the County at a cost not
greater than that charged to other persons in the same community.
K. Contractor may submit monthly billings to County. Billings will be paid through the
County's usual bill paying process. Billings must be submitted by the fifth working day of the
subsequent month in order to be eligible for reimbursement, except that billings for services
provided through June 30, 2006 must be submitted by July 1, 2006; and billings for services
provided through December 31, 2006 must be submitted by January 6, 2007 in order to be
eligible for reimbursement.
VI. 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:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Donald E. Cohen
P. O. Box 660 (mailing address) P. 0, Box 1707
(551 Broadway - physical location) 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.
VII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. County shall terminate this Agreement in the event
of any assignment without its prior written consent of County.
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VIII. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only ifin writing and
signed by all parties.
IX. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of
County.
B. In the event oflitigation in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and
other claim related expense.
C. 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.
D. Contractor shall indemnify and hold harmless 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 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.
E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after, December 31st of the calendar year of the Term of this Agreement, without
an appropriation therefore by 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).
G. 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.
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H. 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.
1. 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 County because of any breach hereof or because of any of the terms,
covenants, agreements and conditions herein.
J. Contractor 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 Witness Whereof, County and Contractor have executed this Agreement in triplicate on the
date set forth above. Two counterparts have been delivered to County and one to Contractor.
COUNTY OF EAGLE, STATE OF COLORADO
By and through it ard y Commissioners
~
Peter F. Runyon, Chairman
Clerk to the Board of County Commi
CONTRACTOR: Donald E. Cohen
By: ~! ~~
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Attachment A
April 11, 2006
Ms. Kathleen Forinash, Director
Eagle County Health and Human Services
PO Box 660
Eagle, CO 81631
Bye-mail
Dear Kathleen,
Thank you for the opportunity to propose the production of several public information
tools for the county's early childhood development initiative. After reviewing the
information you provided me, and more fully discussing the issues and requirements
on the phone, I've developed the following budget:
Overview Brochure
Conceptualization, writing, management 12 hours @ $120 $1,440
Art design, layout, file prep 10 hours @ $80 $800
Write and design a brochure that offers a high-level introduction of childhood
development issue in Eagle County. This piece would be targeted to the general public
to build awareness of the issues, possible outcomes and suggested next steps. Design
format may be in the form of a 4-page 8 Y2 x 11 brochure or an 8-page or 8-panel
accordion format that is sized to fit in a #10 envelope.
In-Depth Brochure
Conceptualization, writing, management 20 hours @ $120 $2,400
Art design, layout, file prep 24 hours @ $80 $1, 920
Write and design a more extensive brochure targeted for use by community leaders,
early childhood advocates, public policy experts and elected officials. This product
would greatly expand the "business case" for early childhood programs and offer more
robust and detailed data, resource information and a blueprint for future action and
initiatives. Design format would most likely be in the form of a 16-page 8 Y2 x 11 or 8 Y2
x 5 Y2 saddle stitched brochure.
Public Information Presentation
Conceptualization, design, programming, presentation training 10 hours @ $120 $1,200
Develop and produce an electronic screen presentation (Power Point) for use in
community forums and meetings. The running time of the live presentation would be
designed for a 20 minute formal presentation with 10 minutes available for questions
and answers. Graphic design, illustration and photos would follow the same design
scheme as the print products. Development of 20-25 screens is anticipated. Normally
screen presentations run $100-200 per screen average. This estimate is for half that
970.926.7899 . 970,926.7890 fax . don@cim'@il.com . PO Box 1707 . Edwards, CO 81632
Attachment A
amount as the cost of initial design and content development is built into the brochure
development. Presenter training is included which will include rehearsal, critique and
strategies for maximizing presentation impact.
Printing Costs
Estimated price range $3,500 - $4,500
Print costs will vary based on quantity, paper stock and any specialized production
requirements (ex. die cut, 4-color).
Additional Costs
While not anticipated, this estimate does not include additional costs for original or
stock photography or specialized illustration.
Total Project Estimate (range) $11,260 - $12,260
Project Schedule
Project begins May 1
Brochure content and preliminary layouts completed May 26
Final artwork completed June 9
Development of electronic presentation begins June 12
Electronic presentation completed June 19
Delivery of printing June 23
To build public awareness and ultimately community support of early childhood
development programs and initiatives, it is critical that the messages and supporting
facts are presented in an easy-to-understand manner wrapped in high quality
production values. We need to walk a fine line as not appear too "slick," but present a
very strong professional image showing that these ideas have been carefully developed.
These materials need to be designed to make both a positive first impression and also a
lasting one.
Sincerely,
Donald E. Cohen
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