HomeMy WebLinkAboutC08-129AGREEMENT BETWEEN EAGLE COUNTY
AND
VAIL VALLEY SALVATION ARMY SERVICE EXTENSION UNIT
This Agreement ("the Agreement"), made this 29`" day of April, 2008, between Eagle County,
Colorado ("County") and the Vail Valley Salvation Army Service Extension Unit ("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 emergency assistance to Eagle County residents, or those transient in Eagle
County, to meet basic needs of food, clothing, utilities, transportation, medical care,
and child care and to assist families to access needed services.
- Collaborate with HHS in the development of family self-sufficiency and family safety
plans with Eagle County families and adults, who are experiencing family economic
crisis that could result in homelessness or family breakdown, with a coordinated plan
for self-sufficiency and family safety.
- Collaborate with HHS in the development and implementation of community
emergency preparedness plans.
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 18, 2008 and one payment of $ 10,000 on August 15,
2008.
B. If, prior to payment of compensation or reimbursement for services but after subm;~sion 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 Tartu 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 ol'this Agreement, then upon written notice of
such determination and r~anest for reimbursement from County, Contractor shall forthwith return
such payment to County. lJpon termination of this Agreement as hereinafter provided or
expiration of the Term, an~~ unexpended fiuids advanced by County to Contractor shalt forthwith
be returned to County.
IV: PROHIBITIONS ON PUBLIC CONTRACT 0012 SERVICES
A. The Contractor shall n~~t knowingly employ or contract with an illegal alien to perform work
under the public contract fix• services; or enter into a contract with a subcontractor that [mils to certify
to the contractor That the subcontractor shall not knowingly employ or contract with an illegal alien
te- perform work under the public contract for services.
R. "fhe Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the ilnited States Department of'I Iomeland 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 evc-~y three months until the contractor is accepted or the public
contract for services has bean completed, whichever is earlier. Infi~rmation 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 1'ilut Verification Program procedures to undertake pre-
employment screening of job applicants while the public contract tier services is being performed.
D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the
public contract for services k nowingly 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 Suhcontruct with the Subcontractor if within three drys 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 ih,~t the Contractor
shall not terminate the contract with the Subconlr~ictor if during such three days the
Subcontractor provides information to establish th:di the Subcontractor has not knowingly
employed or contrar!~d with an illegal alien.
3. The Contractor ..hall comply with any reasonable request by the Department of Labor
and Employment made in the course of ;:n investigation that the department is undertaking
pursuant to its authority.
4. If a Contractor violates these prohibitiatis, the County may terminate the contract for a
breach of the contract. If the contract is so terminated, the Contractor shall be liable fir
actual and consequent ~ al damages to the County.
V. TE12N11NATION
County may temninate 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 he not less than ten (10)
days li-om the date of the notice. hi the event Contractor tiles 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. CONT~2ACTOR'S DUTIES
A. All funds received by Contractor under this Agreement shall he 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 nn performance if its responsibilities hereunder. Contractor shall
be subject to Cnancial audit by county auditors or iheir 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 IIIIS 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 ~~~~ith 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
l:arformance of such obligation to he 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 ur in part, upon ten (10) days notice to the Contractor.
D. Contractor shall catnpl} with all applicable federal, state and local rules, regulations and laws
governing services of the kind pro~•ided by Contractor under this Agreement.
E. Contractor shall comply with all federal and state rules, regulations, laws and requirements
concerning restrictions on providing public; hc~~tcfits 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 muss he
verified by 1) requiring production of a Colorado license or ID card, an ID carol 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 maint~.ined by the Contractor. All copies of the verification affidavit must be
certified by the C~,ntrac;:~r has being a true and correct copy of the original document. 1f 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•,iher parents to obtain a copy of the birth
certificate. Note: T/te proceeding langtrage and affrdavit ex/~ibit are not necessary tf t/:e
contractor's work solely iravolves t/te provision of any of the following services: 1) emergency
rnedical care; Z) disaster relief,• 3) public health inmuenizations; 4) testing rout treatment for
comnutnicable disease; S) provision of ire-kind services Cleat do not condition assistance on t/re
individual's income or resources suck as sorrp kitcleens, crisis eounse/ing, etc; 6) short tern:
sleelter; or 7) prenatal rare.J
F. "The County requests an six month and annual written report concerning services under this
Agreement. This rep~u-t shall include the number of individuals participating in the Contractor's
services as noted under, Article I: Scope, of this Agreement. "Phis report shall also include a
documentation of the outcanes of service. The Six-month Report must he submitted no later
than July I5, 2008 and the Annual Report must be submitted no later than December 12, 2008 in
order for the Contractor to h~ eligible for consideration under the Eagle County Crommunity
Service Grant program in s~~hsequent years.
G. Contractor shall comply with the requirements of the Civil Rights Act of 19Ci4 and Section
504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age,
religion, political beliefs, national origin, or handicap.
l I. Contractor shall safeguard infiumatiuu and confidentiality of the child and the child's family
in accordance with rules of the Culora~lo Department of I Iuman Services and Eagle County
Ilealth and Human Services, and !l;c 1l~:alth I~±tin•mation Privacy and Accountability Act.
I. Contractor shall notify II[ r~ immediately of all reports of suspected child abuse or neglect or
adult protective issues inv~y`•~ing Contractor, including, but not limited to, employees, volunteers
and clients. Ill IS contract. ~ s are considered to be mandatory reporters for suspected child abuse
and neglect and adult proter~ive issues and are to make those reports directly to HHS Youth and
Family Services Divisions (970) 328-8840.
Vll. N(~'I'ICE
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt reque:aed which shell be addressed as l~~llows:
COUNTY:
Eagle County Ilealth & l Iuman Services
P. O. Box 660 (mailing address)
(551 Broadway -physical location}
CC)NTRACTOR:
Vail Valley Salvation Anny Service
I;xt~nsion Unit
P.C). 13ox 2183
4
Eagle, CO 81631 Edwards, CO 81632
12ebecca.larson(~~eaglecounty_us tsunsalvationarm_yvai I.c~ra
Notice shall be deemed biven three (3) days after the date of deposit in a regular depository of the United
States Postal S~•rvice.
VIII. ASSI(;NMENT
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.
X. IV10DI FICATION
Any revision, amCndment ,•r 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
Workers' Compensation
Employers Liability, including occupational disease
Cony~rel-ensive General Liability, including
broad form property damage
Covera ~e t,imits
Statutory
$500,000
$150,000 per person and
$600,000 per occurrence or as specified in the Colorado
Governmental Immunity Act, whichever is greater.
Professional Liability Insurance $ 500,000 per occurrence
Cur~tractor stall purchase a~ul maiutaiu such i«strra«ce as required above and slrrrll provide
certificptes of insrrra~tce in a furue acceptable to Corutlh u pon executi~;'n ~~f this Agreement.
X[. MISCEI.LANI.OUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of c:'untractor shall be deemed to be an agent, employee or volunteer of
County.
d. In the evc;nt of litigati~~n in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attrn•ney fees, cost:;, staff tithe and
other claim related expense.
C. hivalidity or unenforccability ofany provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall he construed as if such inv~+lid or unenforceable
provision was omitted.
D. Contractor shall indem++ify and hold harmless County, its 13uard of Commissioners, and the
individual members therec~ ,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. G,ntractor 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).
C;. This Agreement shall he 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 ~'uunty, Colorado.
11. This Agreement superse .les alt previous communications, negotiations and/or agreements
between the respective parti,~s 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 abou! any of the subject matter hereof' except as expressly set forth in this
Agreement.
1. "this Agreement does r• :~, and shall not be deemed or construed to, confer upon or grant to any
third party or parties any ~ Mil to claim damages or to bring any suit, action or other proceeding
against either Contractor o~• C`ounty because of any breach hereof or because of any of the terms,
covenants, agreements and c•undilions herein.
J. Contractor certifies that it :as read the Agreement, understands each and every term and the
requirements set forth herein, and agrees to canply with the same.
~ r
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 its d o ty Commissioners
By~~
Peter F. Runyon, Ch '
Clerk fo the Boardlof County Comri
~y. r ~ ~
CONTRACTOR:
Vail Valley Salvation Army Service Extension Unit
By:
s
Exhibit A
I, , swear or affirm under the penalty of perjury under the laws of
the State of Colorado that (check uu~):
I am a United States Citizen
1 am a Permanent Resident of the United States, or
1 am lawfully prese~ in the i )sited States pursuant to rederal law.
I understand that this sworn. statement is required bylaw 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 ofthis public bLn~ lit. I further acknawlcdge that making a false, fictitious, or
fraudulent statement or repr~•sentati~~u in this sworn allidavit is punishable under the criminal laws of
Colorado as perjury in the ::e.cond d~brc:e 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
