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Home My WebLink AboutC08-086r - ,~ AGREEMENT BETWEEN EAGLE COUNTY AND MOUNTAIN VALLEY DEVELOPMENTAL SERVICES This Agreement ("the Agreement"), made this 25~' day of March, 2008, between Eagle County, Colorado ("County") and Mountain Valley Developmental Services ("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: - Engage developmentally challenged adults in community activities and programs including, but not limited to, vocational services of job training and employment support; community living which promotes independence and self-sufficiency. - Provide early intervention and family support to families with children birth to three years of age who have been assessed as having special needs. 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 $ 20,000 in two payments; one payment of $10,000 on or about March 25, 2008 and one payment of $ 10,000 on August 15, 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 Agreement, the County shall have no obligation to make such payment. If, at _, 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 ohservation a.nd 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 T Eagle, CO 81631 Glenwood Springs, CO 81601 rebecca.larson~a,ea le~ty.us brucenmtnvalley.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: 'IWpe 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. 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 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 d my Commissioners By: Peter F. Runyon, Chairman ~~ ; ~w ~ Services Mountain Valley Developmental ~ ~ ~ ~ Exhibit A ~~ 1~1V~ 1~~~~~~ I, ,swear or affirm under the penalty of perjury under the laws of the State o Colorado that (check one): I am a Umted 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. O~ Signa BRUCE CtT~ D e ~X~C~UTiVE ®t3~EG'~ ~~ l~l~~;l~~ tU~;I~L DE1mC~~~~~ s°Ti ~~~~@+~