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Home My WebLink AboutC07-084 Colorado State University• AGREEMENT BETWEEN EAGLE COUNTY And Board of Governors of the Colorado State University System, Acting by and through Colorado State University This Agreement ("the Agreement"), made this 27th day of March, 2007, between Eagle County, Colorado ("County") and Board of Governors of the Colorado State University System, Acting by and through Colorado State University ("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 are services that stabilize family life and promote family self-sufficiency; 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 of the foregoing premises and the following promises, County and Contractor enter into this Agreement. I: SCOPE Contractor shall provide services that promote family self-sufficiency. Specifically, the Contractor will provide information to families on financial and personal resource management. Participants will learn to: take control of their finances by developing improved money management skills; prioritize savings for goals; and understand the importance of sharing resources. Services will be provided in individual sessions for families referred by Eagle County Health & Human Services, Eagle County School District Head Start, the Literacy program, the Resource Center, and to self-referred families. II: TERM This Agreement shall commence on January 1, 2007 and shall terminate on December 31, 2007 ("the Term"). III: COMPENSATION A. County will compensate Contractor for individual sessions at $50 per session and for families participating in group sessions at $15 per person per session. The maximum amount of reimbursement under this agreement is $5000. B. The County will determine the eligibility of each individual family for services referred by the County under this agreement. The County will comply with requirements for eligibility and notification of the availability of additional services. C. 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. Should County determine that services ere not performed as prescribed by the provisions of this Agreement, County will so notify Contractor, allowing 30 days for Contractor to correct said performance of services and thereby its receipt, or retention, of payment for said services. 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: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. If the Contractor obtains actual knowledge that a Subcontractor performing work under the contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph B if the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. C. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to its authority. 2 D. If the contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is terminated for breach of the contract, the County may seek actual and consequential damages from the Contractor. V. TERMINATION Either party may terminate this Agreement at any time and for any reason or no reason upon written notice to the other parry specifying the date of termination, which date shall be not less than ten (10) days from the date of the notice. In the event the other parry files for bankruptcy or is declared bankrupt or dissolves, the second party may declare in writing that this Agreement is terminated, and all rights of the other party and obligations of the second party, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. VI. 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. 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. D. Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. Contractor shall comply with all federal and state rules, regulations, laws and requirements concerning restrictions on providing public benefits to persons who are not lawfully present in the United States. Contractor's work involves the provision of service or support to applicants for public benefits, and therefore, the County will verify the lawful presence of all applicants referred for service prior to utilizing County funds to provide said service or support. The original verification information and affidavit will be maintained by the County. F. The County requests the Contractor to work in collaboration with the County in the development of inter -agency referral protocols regarding the Contractor's and County's services. The Contractor will advise the Director of HHS in writing of all community collaboration activities sponsored or convened by the Contractor for purposes of HHS participation in such activities. G. The County requests an annual written report concerning services under this Agreement. This report shall include the number of families and youth participating in the Contractor's services as noted under, Article I: Scope, of this Agreement. This report shall also include a documentation of the outcomes of service, to the extent that the Contractor collects this information on program participants, specifically: ➢ the numbers of participating families with incomes under 185% of the federal poverty level who were able to achieve family incomes of 185% of federal family poverty or more through additional earnings, or as a result of being connected with community services that increased the total equivalent financial resources available to the family. H. 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. I. 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. J. Contractor shall safeguard information and confidentiality of the child and the child's family. K. Contractor shall notify HHS immediately of all reports of suspected child abuse or neglect involving Contractor, including, but not limited to, employees, volunteers and clients. HHS contractors are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS Adult and Family Services Division - (970) 328-8840. L. Contractor shall submit monthly billings to County. Billings will identify the numbers of TANF eligible families and the number of individual and group services provided to each family. Billings will be paid through the County's usual bill paying process. Billings for services provided through June 30, 2007 must be submitted by July 1, 2007; and billings for services provided through December 31, 2007 must be submitted by January 6, 2008 in order to be eligible for reimbursement. M. Contractor shall participate in an annual training provided by County regarding program requirements and eligibility; child abuse and neglect reporting; and, financial and program reporting to County. 4 VII. 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: Eagle County Health & Human Services P. O. Box 660 (mailing address) (551 Broadway — physical location) Eagle, CO 81631 CONTRACTOR: Candyce Jeffery, Senior Research Administrator Colorado State University 2002 Campus Delivery Fort Collins, CO 80523-2002 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. VIII. 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. IX. MODIFICATION Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. X. LIABILITY and INSURANCE Each parry hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. Liability of the University is at all times herein strictly limited and controlled by the provisions of the Colorado Government Immunity Act, CRS secs 24-10-101, et. seq, as now or hereafter amended. Nothing in this agreement shall be construed as a waiver of the protections of said Act. During the term hereof, each parry represents that it maintains general liability insurance covering itself and its employees in the performance of this contract, in an aggregate amount of not less than one million dollars ($1,000,000.00), all or part of which may be self-insured. A parry will furnish the other party a certificate evidencing such insurance upon written request. XI. 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 of litigation in connection with this Agreement, the prevailing party shall seek all reasonable costs and other related expenses incurred. 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. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the extent permitted by law. The Contractor is an institution of higher education of the Ste of Colorado and is governed by the provisions of the Colorado Governmental Immunity Act (CRS 24-10-101, et seq.) and the Constitution of the State of Colorado. Northing herein shall be construed as a waiver of immunity pursuant to such laws. 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 31 st 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 will be determined jointly by the parties. 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. I. 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 gh its Board of County Commissioners By: Arn enconi, Chairman Clerk to the Board of County Commi` ip 1, CONTRACTOR: Board of Governors of the Colorado State University System, Acting by and through Colorado State University By: Lynn Johnson Director, Sponsored I-.