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HomeMy WebLinkAboutC08-074AGREEMENT BETWEEN EAGLE COUNTY
AND
SNOWBOARD OUTREACH SOCIETY
This Agreement ("the Agreement"), made this 18~` day of March, 2008, between Eagle County,
Colorado ("County") and the Snowboard Outreach Society ("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 youth mentoring services for Eagle County children living in the Eagle River Valley.
- Expand mentoring services to include ski programs.
- Collaborate with the Eagle River Youth Coalition in the development of evidence based
practices with youth and families that support positive youth development and multi-agency
funding.
II: TERM
This Agreement shall commence on January 1, 2008 and shall terminate on December 31, 2008.
III: COMPENSATION
A. Eagle County will provide the Contractor a grant in the amount of $ 5,000 on or about March 18,
2008.
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
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
2
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
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, health education, etc; 6) short term shelter; or
7) prenatal care.]
F. 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. The Annual Report must be submitted no later than December 12, 2008
in order for the Contractor to be eligible for consideration under the Eagle County Community
Service Grant program in subsequent years.
GH. 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.
H. 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.
I. 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.
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 Snowboard Outreach Society
P.O. Box 660 P.O. Box 2020
Eagle, CO 81631 Avon, CO 81620
Rebecca.larson(a,ea ecounty.us seth(a~sosoutreach.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:
Type 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 requited 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.
C. Invalidity or unenforceability ofany 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.
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 through it and ty Commissioners
By~ ~-
Peter F. Runyon, Chairm
ATTEST: ~ o~~'~c~
'`
Clerk to the Bo d of County Co ton
CONTRACTOR: Snowboard Outreach Society
By: ~ d~
S~ ~G-,r 1;~, ~ev~l,o~w,~~ (J~ ~e~~cx
Exhibit A
I, 5~ ~(~ r ~i ~iV1 , swear or affirm under the penalty of perjury under the laws of the
State of Colorado that (check one):
k I am a United States Citizen
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in the United
States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or
fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of
Colorado as perjury in the second degree under Colorado Revised Statute § 18-8-503 and it shall
constitute a separate criminal offense each time a public benefit is fraudulently received.
Signature Date