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HomeMy WebLinkAboutC13-054 Colorado Mountain Junior College District AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT This Agreement ( "Agreement ") dated as of this day of WUNq, 2013, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners or County Manager with a mailing address of 500 Broadway, Post Office Box 660, Eagle CO 81631 ( "County "), and Colorado Mountain Junior College District, with a mailing address of 802 Grand Avenue, Glenwood Springs, CO 81601 ( "CMC "). RECITALS WHEREAS, the 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, the use of outside providers enhances the ability of the County to promote such health, safety and welfare; and WHEREAS, County wishes to hire CMC to perform the services outlined in Section 1.1 hereunder; and WHEREAS, CMC represents that it has the knowledge and expertise to perform the services hereunder; and WHEREAS, County and CMC intend by this Agreement to set forth the scope of the responsibilities of CMC in connection with the services and related terms and conditions to govern the relationship between CMC and County in connection with the services. AGREEMENT NOW THEREFORE, based upon the representations by CMC set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of Services: 1.1 CMC will provide the services more particularly set forth in the attached Exhibit "A" which is attached hereto and incorporated herein by reference. Such Exhibit "A" is labeled Scope of Services (hereinafter called "CMC's Services" or "Services "). The Services are generally described as conducting Go2Work programs at the Colorado Mountain College campus in Edwards, CO and at Basalt Middle School in Basalt, CO. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be expressly altered by the amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms and conditions of this Agreement shall control. 1.3 CMC agrees that CMC will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 1.4 CMC has given the County a proposal for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. 2. Term of Agreement: 2.1 The term of this Agreement shall commence effective January 1, 2013 and end on December 31, 2013, unless earlier terminated in accordance with the terms of this Agreement. 2.2 This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon fifteen (15) days written notice. In the event CMC files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is immediately terminated, and all rights of CMC and obligations of County are terminated, except payment of accrued but unpaid fees as set forth in Section 2.3 hereof. 2.3 In the event of any termination of this Agreement, CMC shall be compensated for all incurred costs and hours of work then satisfactorily completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the CMC's Services hereunder, CMC acknowledges that CMC is an independent contractor providing CMC's services to the County. Nothing in this Agreement shall be deemed to make CMC an agent, employee, partner or representative of County. 3.2 CMC shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3.3 CMC and its employees are not entitled to workers' compensation benefits through the County. CMC is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. CMC and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. CMC hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self - employment income, unemployment taxes and income taxes. 4. Compensation: 4.1 For CMC's Services provided hereunder, County shall pay to CMC $3,500 as set forth in Exhibit "A." The total compensation allowed under this Agreement shall not exceed $3,500. CMC will not be entitled to bill at overtime and/or double time rates for work done 2 i outside normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum to this Agreement. 4.2 CMC must submit invoices by the fifth business day of each month. Invoices shall include a description of Services performed. If County is not satisfied with the completeness of a submitted invoice, County may request CMC to either revise the invoice or provide additional information. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from CMC for CMC's Services which are satisfactorily completed. All invoices must be mailed or delivered in- person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Health & Human Services Business Office 551 Broadway P.O. Box 660 Eagle, CO 81631 4.3 Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to CMC shall forthwith be returned to County. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to CMC in excess of the amount for any work done in respect of any period after December 31st of the calendar year of the Term of this Agreement, without the written approval 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). 5. Indemnification: CMC shall, to the fullest extent permitted by law, indemnify, hold harmless and defend the County and its officials, boards, officers, principals and employees from all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses for which County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement or are based upon any performance or nonperformance by CMC and CMC shall reimburse County for any and all legal and other expenses incurred by it in connection with investigating or defending any such loss, claim, damage, liability or action. 6. CMC's Professional Level of Care and Additional Duties: 6.1 CMC shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved CMC's Services shall not relieve CMC of any of its responsibilities. CMC shall perform the Services in a skillful, professional and competent 3 manner and in accordance with the standard of care, skill and diligence applicable to similar services in the area at this time. Further, in rendering its services hereunder, CMC shall comply with the highest standards of customer service to the public. CMC 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. 6.2 All funds received by CMC 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. CMC shall provide the County with progress reports upon County's request; or CMC shall furnish progress reports as more specifically set forth in the attached Exhibit "A ". 6.3 CMC shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. CMC shall be subject to financial audit by federal, state or county auditors or their designees. CMC authorizes County or its agents to perform audits or to make inspections during normal business hours, upon 48 hours' notice to CMC, for the purpose of evaluating performance under this Agreement. CMC shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. CMC shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 6.4 CMC shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by CMC under this Agreement. CMC shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 6.5 CMC 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. 6.6 CMC shall safeguard information and confidentiality of the individual 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. 6.7 CMC shall notify HHS immediately of all reports of suspected child abuse or neglect involving CMC, 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 the HHS Children, Families, and Adult Services Department at (970)328 -8840. 6.8 CMC 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. CMC's work involves the provision of service or support to applicants for public benefits, and therefore, CMC must verify the lawful presence of all applicants prior to utilizing County funds to provide said service or support. Lawful presence 4 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 hereto as Exhibit `B" and incorporated herein by this reference. 6.9 CMC must comply with the following requirements regarding all TANF - eligible participants: Food Stamps — CMC must inform all participants that they are categorically eligible to receive at least some services and referred to HHS for more information on application for benefits. Medicaid — CMC must inform all participants that they may be eligible for Medicaid and referred to HHS for information on application for benefits. Disabilities and other barriers — All participants must be informed by CMC that they can visit HHS offices to receive an assessment and appropriate services that may better work with their disabilities and other barriers. Appeal Rights — CMC must provide all participants with notice of their right to appeal to HHS. CMC shall keep a record of all participants served for documentation in case of an appeal. 7. 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: CMC: Eagle County Health & Human Services Colorado Mountain Junior College District Nola Nicholson Steve Boyd P.O. Box 660 802 Grand Avenue Eagle, CO 81631 Glenwood Springs, CO 81601 970 - 328 -8840 970 - 947 -8402 8. Insurance: 8.1 At all times during the term of this Agreement CMC shall maintain in full force and effect the following insurance: Insurance Type Coverage Minimums • Workers' Compensation Statutory • Employers Liability, including $500,000 Occupational Disease • Comprehensive General Liability, including $600,000 per occurrence or as specified in Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater • Professional Liability Insurance $500,000 per occurrence 5 8.2 CMC 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. Certificates of Insurance shall be attached hereto as Exhibit "B" and incorporated herein by this reference. 9. Non - Assignment and Subcontractors: CMC shall not assign this Agreement or employ any subcontractor without the prior written approval of the County Representative, who is designated in Section 7 of this Agreement. CMC shall be responsible for the acts and omissions of its agents, employees and subcontractors. CMC shall bind each subcontractor to the terms of this Agreement. The County may terminate this Agreement, if the CMC assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 10. Jurisdiction and Confidentiality: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 10.2 CMC acknowledges that, during the term of this Agreement and in the course of CMC rendering CMC's Services, CMC may acquire knowledge of the business operations of the County not generally known and deemed confidential. CMC shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, fine or corporation, any such confidential knowledge or information and shall retain all knowledge and information which she has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the County during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must be marked as confidential. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 11.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 11.3 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. 12. Prohibitions on Public Contract for Services: 6 If CMC has any employees or subcontractors, CMC shall comply with C.R.S. § 8 -17.5- 101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, CMC certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that CMC will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. (a) CMC shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to CMC that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) CMC has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678 (c) CMC shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. (d) If CMC obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CMC shall be required to: (i) Notify the subcontractor and the County within three (3) days that CMC 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 (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that CMC 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. (e) CMC 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 established in C.R.S. § 8- 17.5- 102(5). (f) If CMC violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically 7 for a breach of this provision of this Contract, CMC shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if CMC violates this provision of this Contract and the County terminates the Contract for such breach. 8 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager BY Keith P. Montag, County ■ anager CONTRACTOR: Colorado Mountain J •'or College District By: /. Cita Its: _ • Purchasing and Contracts Manager STATE OF O( J EP D � )SS. COUNTY OF L . F Z - 2 ) The foregoing was acknowledged before me by C '/ P , as -41 P_(y k1 5 )0 Co J7z'e13 M Kof Colorado Mountain Junior College District, this / day of rEl l2 U i12tt , 2013. My commission expires: 1 /- C 2 / o' P� , " " "" Notary Publ j `t R sT ' N OTAR) \, - --aF -- PUBL1G ' 9 EXHIBIT A SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE Description of Services: Colorado Mountain College will provide weekly Go2Workshops at the Edwards CMC campus and the Basalt Middle School for TANF - eligible individuals. These workshops will include the following services: ➢ computer access ➢ Internet job searches ➢ resume assistance, interviewing skills ➢ computer -based work skill enhancement ➢ skills assessment and certification ➢ Career Ready 101TM ➢ Information on Colorado Mountain College classes and financial aid ➢ Information on other training and educational resources ➢ Online registration for Colorado Workforce Center ➢ Information regarding Workforce Investment Act (WIA) benefits ➢ Referrals to additional services Payment and Fee Schedule: The total cost of the program is: Instructor Salaries 96 workshops x 4 hrs x $40 $15,360 Instructor Fringe 19.55% $ 3,003 (PERA 16.55 %; Workman's Comp 1.3 %; Medicare 1.45 %; Unemployment .25 %) Supplies -Zip drives $ 500 Marketing /Advertising $ 500 TOTAL: $19,363 It is estimated that approximately 60 individuals will be TANF eligible and that Eagle County's share to serve these TANF - eligible individuals will not exceed $3,500. The maximum amount of reimbursement under this contract shall not exceed $3,500. 10 • EXHIBIT B PROOF OF INSURANCE (Certificate of insurance to be inserted as Exhibit 8) 11 Client#: 37992 COLMO3 ACORD #S74 9120/M715 3 06 r. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY 11/30/2012 ) THISCERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does riot confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Flood & Peterson Ins., Inc. PHONE FAX 720- 977 -7113 P. O. Box 578 E C Ext): 720- 977 -6000 (A/C, No): ADDRESS: Greeley, CO 80632 PRODUCER 970 356 -0123 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : Travelers Insurance Company Colorado Mountain College INSURER B Pinnacol Assurance Attn: Rebecca Adair INSURER c : Chicago Insurance Company 802 Grand Avenue INSURER D : Glenwood Springs, CO 81601 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP Mr LIMITS LTR NSR VD POLICY NUMBER (MM /DD /YYYY) (MM /DDIYYYY) A GENERAL LIABILITY 6309633A811TIL12 04/01/2012 04/01/2013 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY PREM SES occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) _ $5,000 _ PERSONAL & ADV INJURY $2,000,000 GENERAL AGGRE $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY JFt^T PRO- LOC $ A AUTOMOBILE LIABILITY 810755G617000F12 04/01/2012 04/01/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO , BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS $ A X UMBRELLA LIAB OCCUR ZUP10N757704 04/01/2012 04/01/2013 EACH OCCURRENCE $5,000,000 - EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $ 10000 $ B WORKERS COMPENSATION 4045403 07/01/2012 07/01/2013 X TO STATU- OTH- AND EMPLOYERS' LIABILITY TORY t IMITS FR ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 ,000,000 C Professional AHV102308001 01/21/2012 01/21/2013 $1,000,000/$3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Go2Workshops at the Edwards Campus and Basalt Middle School for TANF - eligible individuals Eagle County Health & Human Services is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. CERTIFICATE HOLDER CANCELLATION Eagle County Health & Human Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nola Nicholson ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 660 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD