HomeMy WebLinkAboutC07-175 The Resource Center of Eagle CountyAGREEMENT BETWEEN EAGLE COUNTY
AND
THE RESOURCE CENTER OF EAGLE COUNTY
This Agreement ("the Agreement"), made this 29th day of May, 2007, between Eagle County,
Colorado ("County") and The Resource Center of Eagle County ("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 grants-in-aid to non-profit human service organizations whose work assists the
County in the accomplishment of the County goal to create and sustain a healthy and socially
diverse community.
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 to create and sustain a healthy and socially diverse community.
Specifically, the Contractor will:
➢ Provide crisis intervention for victims of domestic violence who reside in the Eagle
Valley portion of Eagle County through a 24 hour crisis line; and, individual support
from trained volunteers and professional staff to assist families to develop and
implement safety plans that will protect the family against future domestic violence.
➢ Provide emergency and short term shelter for Eagle County family victims of domestic
violence through Freedom Ranch Safehouse and other community domestic violence
shelter programs.
➢ Collaborate with HHS in the development of family self-sufficiency and family safety
plans with Eagle County victims of domestic violence to successfully transition
victims of family violence from their own homes or shelter care to independent living
with a coordinated plan for self-sufficiency and family safety.
➢ Provide youth mentoring services for at -risk youth, residing in the Eagle Valley portion
of Eagle County, to achieve positive youth outcomes.
➢ Provide information on childhood immunization services and preventative health care
and referral to HHS Public Health for children and families who do not have a medical
home in order to accomplish CDC recommended immunizations.
➢ Collaborate with the Eagle River Youth Coalition and HHS in the development of
evidence based practices with youth and families that address issues of tobacco,
substance abuse, family violence, and depression and suicide.
➢ Collaborate with HHS in the development and implementation of a community
collaborative system of early childhood services and participate as a member of the
Eagle County Early Childhood Council.
II: TERM
This Agreement shall commence on January 1, 2007 and shall terminate on December 31, 2007.
III: COMPENSATION
A. Eagle County will provide the Contractor a grant in the amount of $ 30,000 in two payments;
one payment of $15,000 on or about May 15, 2007 and one payment of $ 15,000 on September
20, 2007. The compensations represents a grant of $ 25,000 for the Freedom Ranch Safehouse
program and $ 5,000 for the Buddy Mentors program.
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: 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. The Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security, that
the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic
Pilot Verification Program prior to entering into a public contract for services, the contractor shall
apply to participate in the Program every three months until the contractor is accepted or the public
contract for services has been completed, whichever is earlier. Information on applying for the Basic
Pilot Verification Program can be found at: https•//www.vis-dhs.com\employerregistration
C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-
employment screening of job applicants while the public contract for services is being performed.
D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall
be required to:
1. 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
2. Terminate the Subcontract with the Subcontractor if within three days of receiving
the notice required pursuant to subparagraph (i) of the paragraph (d) 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.
3. 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.
4. If a Contractor violates these prohibitions, the County may terminate the contract for a
breach of the contract. If the contract is so terminated, the Contractor shall be liable for
actual and consequential damages to the County.
V. TERMINATION
County may terminate this Agreement at any time and for any reason or no reason upon written
notice to Contractor specifying the date of termination, which date shall be not less than ten (10)
days from the date of the 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.
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 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, 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. 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.
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, Contractor must verify the lawful presence of all applicants
prior to utilizing County funds to provide said service or support. Lawful presence must be
verified by 1) requiring production of a Colorado license or ID card, an ID card issued by the US
military or coast guard, or a Native American tribal document; and 2) requiring the applicant to
affirm lawful presence by signing the affidavit attached as Exhibit A. The original verification
affidavit must be maintained by the Contractor. All copies of the verification affidavit must be
certified by the Contractor has being a true and correct copy of the original document. If the
applicant is under the age of 18, Contractor should request a copy of the applicant's birth
certificate, or should work with the applicant and his/her parents to obtain a copy of the birth
certificate. Note: The proceeding language and affidavit exhibit are not necessary if the
contractor's work solely involves the provision of any of the following services: 1) emergency
medical care, 2) disaster relief,3) public health immunizations; 4) testing and treatment for
communicable disease, S) provision of in-kind services that do not condition assistance on the
individual's income or resources such as soup kitchens, crisis counseling, etc; 6) short term
shelter, or 7) prenatal care.]
F. The County requests the Contractor to work in collaboration with HHS 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 HHSparticipation in such activities
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G. The County requests an annual written report concerning services under this Agreement.
This report shall include the number of adults and families 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 as a result of being connected with community services that increased the total
equivalent financial resources available to the family.
➢ the percentage of participating families and youth identified at risk of abuse, neglect,
family violence, or out of home placement for whom repeated neglect, abuse, violence,
or out of home placement was prevented as a result of the programs and services of the
Contractor.
➢ the numbers of children and youth who received immunization services, were
connected with a medical home, or were able to access preventative health care
services as a result of the programs and services of the Contractor. Preventative health
services access should be separately identified by mental health, dental health, medical
health services.
The Annual Report must be submitted no later than November 26, 2007 in order for the
Contractor to be eligible for consideration under the Eagle County Human Service Grant
program in subsequent years.
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 safeguard information and confidentiality of the child and the child's family in
accordance with rules of the Colorado Department of Human Services and Eagle County Health
and Human Services, and the Health Information Privacy and Accountability Act.
J. Contractor shall notify HHS immediately of all reports of suspected child abuse or neglect or
adult protective issues 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 adult protective issues and are to make those reports directly to HHS Youth and
Family Services Divisions - (970) 328-8840.
K. 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.
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: CONTRACTOR:
Eagle County Health & Human Services The Resource Center of Eagle County
P. O. Box 660 (mailing address) P.O. Box 2558
Eagle, CO 81631 Avon, CO 81620
Kathleen.forinasWeaglecountv.us nardaaa,resourcecenter-ec.org
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. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Tyne of Insurance Coverage Limits
Workers' Compensation Statutory
Employers Liability, including occupational disease $500,000
Comprehensive General Liability, including $150,000 per person and
broad form property damage $600,000 per occurrence or as specified in the Colorado
Governmental Immunity Act, whichever is greater.
Professional Liability Insurance $ 500,000 per occurrence
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement
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 be
entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and
other claim related expense.
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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 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
shall be exclusive in Eagle County, Colorado.
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 EAGLE, STATE OF COLORADO
By and ou is Board of County Commissioners
By:
Arnconi, Chairman
CONTRACTOR: The Resource Center