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Home My WebLink AboutC06-316 AGREEMENT This agreement ("Agreement"), made this day of October, 2006, between Eagle County, Colorado ("County") and Community Capital Corporation ("Contractor"), WITNESSETH: Whereas, on April 13, 2006, County requested proposals from senior care and independent living consultants to provide a comprehensive analysis and plan to address the changing needs of seniors, particularly those with limited incomes, residing in County; and Whereas, Eagle County, in order to assess and address the present and future needs of seniors living in Eagle County and their families, commissioned two studies, an Eagle County Assisted Living and Skilled Nursing Research Survey dated August 8, 2006 and a Preliminary Demand Analysis for Assisted Living Residence/Skilled Nursing Facility dated October 17, 2006, and such studies documented a clear present and future need for better facilities and care for seniors in Eagle County; and Whereas, Contractor has submitted a proposal in response to the April 13, 2006 request for proposals to provide the County with such a comprehensive analysis and plan; and Whereas, County has determined that Contractor is well qualified to perform such work and has proposed to perform the work on terms and conditions that the County finds satisfactory; Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 - SCOPE OF WORK The scope of the work shall be as set forth in ExhibitA attached hereto and made a part hereof by this reference. In performing the work, Contractor's designated representatives will work in coordination with County's designated members of its Assisted/Senior Living Team, which will include representative from both the Facilities Department and the Health and Human Services Department. ARTICLE 2 - COMMENCEMENT AND COMPLETION OF THE WORK The time frame for commencement and completion of the work shall be as set forth in Exhibit B hereto, but the parties understand that a precise timetable for completion of the work is not possible because of contingencies to be resolved. ARTICLE 3 COMPENSATION The compensation of Contractor by County shall be as set forth in the schedule of costs contained in Exhibit B hereto. 1 ARTICLE 3 - NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: Contractor: Community Capital Corporation Kenneth L. Hoagland, President 811 East 17th Avenue Denver CO 80218 Fax (303) 832-7177 County: Tom Johnson, Director Facilities Management Department 590 Broadway Eagle CO 81631 Fax No. (970) 328-8899 ARTICLE 4 - INSURANCE At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of One Million Dollars ($1,000,000) and Workers' Compensation insurance as required by Colorado law. Contractor shall deliver certificates of insurance, naming County as an additional insured, to County within fifteen (15) calendar days of execution of this Agreement by County. ARTICLE 5 - INDEMNIFICATION Contractor shall indemnify and hold harmless County, it officials, employees and agents, against all liabilities, claims, costs and expenses, including reasonable attorneys fees, arising from claims of any nature made by any person in connection with acts or omissions or representations by Contractor, its employees or agents. ARTICLE 6 - APPLICABLE LAW, JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. In witness whereof, the parties hereto have signed this Agreement. This Agreement will be effective as of the date first set forth above. 2 EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY ~~~~~ 6j(~~~~~~~~J. ~r F. Runyo~Chairman ATTEST: l<! ;,\Ui:! \", ~ ~\.~; \ '~(-')" /'~.1 ~ \ . :>: '..~If' /' ,f .~ ~,. t~c,:::.~~~:):,J" Clerk to the Boar of County Commis~Yrers By: Name:? Kennet , Title: President STATE OF COLORADO ) ) County of ) t The fOregOi,,~tas acknowledged before me this It?"" day of O~;; Pe-t<.. , 2006 by r e;f/AJ,e~ L-'f 'Mf~c1 as President of Community Capital Corporation. Witness my hand and official seal. lilt ., Exp' I\'~?> IM"'7 My commission expires . '\AtImllSSIOn . Ires vv{;..lj&:\j#J w~'r: a Notary Public f .....-_...,-~"">"-y-......~l DONAlD [,mo J NOTARv I:UBUC STATE Of \~OLORADO *~I#P~6#~#~q~~~~ 3 , 1 1 EXHIBIT A Scope of Work-Eagle County Senior Proiect Initial Consulting Work Background This scope of work relates to the Request for Proposal (RFP) issued by Eagle County, Colorado on April 3, 2006 and Community Capital's (CCC) response to that RFP dated June 14,2006. Based on a follow-up meeting with Eagle County staff held on August 8, 2006, the following work elements and tentative schedule for completion ofthese elements is presented for incorporation into the contract under which this work will be carried out. Work Elements Timeframe 1. Preliminary Program & Site Plan. Preparation of a August 8 to preliminary program for the operation and construction of a September 15- multi-phase senior housing/care facility that addresses the Program demand and needs identified in the recently completed survey by the Highland Group and Venturoni dated August August 26 to 8,2006. Along with this program, a preliminary site layout September 28- (including floor plans) for this multi-phase facility will be Site Plan completed. One of the main purposes of this work will be to determine the total amount of land needed for such a facility. 2. Outline of Options. Prepare an outline of housing options September 15- and care options in Eagle County, including opportunities October 27 for mixed generational and affordable housing/care options, Options Outline 3, Site Analysis. Working with Eagle County staff, prepare Within 2 weeks criteria to evaluate potential sites for the facility described in following assignment Work Element #1 above and work with them to evaluate any by Eagle Co, staff- sites identified for this facility, Evaluation Criteria 4. Community Meetings. Prepare a presentation for the September 28- Community Advisory Committee on the Preliminary Site Meeting Outline Plan for a proposed senior facility and meet with this group ~ October 12- to solicit their input on these plans, If a community-wide Meeting advisory committee is established, Community Capital will assist with the initial meeting of this group by providing appropriate background information and a brief presentation on its work to date. 5. Community Meeting Follow-up. Prepare a short report on October 27- the results of the October community meeting, Report Page 1 of2 Eagle Co. Initial Scope 1. doc EXHIBIT A Scope of Work-Eagle County Senior Proiect Initial Consulting Work Wark Elements Timetable 6. Preliminary Financing Plan, Once the Eagle County staff Within 2 weeks identifies a potential site for the proposed multi-phase senior following the site facility and the costs associated with that site can be being identified- determined, update the preliminary program, including Updated Program and proformas, and prepare a preliminary financing plan for the Written Financing facility. Plan 7. Identification of Potential Owner & Operator. Once the Six weeks after the site Eagle County staff identifies a potential site for the proposed is identified- multi-phase senior facility, prepare a plan for identification Written plan for of potential owners and operators of the proposed facility. identifying owner This will involve either an RFP or an agreement with an owner. 8. Final Report. Prepare a brief final report on the work Target-March 1, completed under this contract. 2007 Page2of2 Eagle Co. Initial Scopel.doc Eagle County Senior Facility Exhibit B CCC Contract Phases Phase Cost Balance Tarqet Date 0 Program 6,200 6,200 9/15/2006 Site Plan 10,000 16,200 9/28/2006 Community Mtg. 5,500 21,700 10/12/2006 Report on Options 2,500 24,200 10/27/2006 Comm. Mtg. Report 4,000 28,200 10/27/2006 Site Analysis 8,000 36,200 11/10/2006 Financial Plan 7,500 43,700 12/15/2006 Owner Identity 5,500 49,200 2/1/2007 Final Report 4,500 53,700 3/1/2007 9/15/2006 REVISED CCC-Eagle Contract Phases.xls