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HomeMy WebLinkAboutC14-022 Colorado Junior Mountain College AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND
COLORADO JUNIOR MOUNTAIrT COLLEGE
This Agreement("Agreement") is effective as of this 01 day of Q ( , 2014, is
between the County of Eagle, State of Colorado, a body corporate and politic, by and through
its County Manager with a mailing address of 500 Broadway, Post Office Box 660, Eagle
CO 81631 ("County"), and Colorado Junior Mountain College, with a mailing address of 802
Grand Avenue, Glenwood Springs, CO 81601 ("Contractor").
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 Contractor to perform the services outlined in
Section 1.1 hereunder; and
WHEREAS, Contractor represents that it has the knowledge and expertise to perform
the services hereunder; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope
of the responsibilities of the Contractor in connection with the services and related terms and
conditions to govern the relationship between Contractor and County in connection with the
services.
AGREEMENT
NOW THEREFORE, based upon the representations by Contractor 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 Contractor will diligently provide all services, labor, personnel and materials
necessary to perform and complete 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 "Contractor's Services" or"Services"). The
Services are generally described as conducting Go2Work programs at the Colorado
Mountain College campus in Edwards, Colorado and at Basalt Middle School in Basalt,
Colorado. The Services will be performed in accordance with the provisions and conditions
of this Agreement.
a. Contractor agrees to furnish the Services in a timely and expeditious
manner consistent with the applicable standard of care. By signing below Contractor
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represents that it has the expertise and personnel necessary to properly and timely perform
the Services.
b. In the event of any conflict or inconsistency between the terms and
conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the
terms and conditions set forth in this Agreement shall prevail.
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 The Contractor agrees that Contractor will not knowingly enter into any
arrangement with third parties that will conflict in any manner with this Agreement.
1.4 Contractor 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, 2014 and
end on December 31, 2014, 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 the
Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in
writing that this Agreement is immediately terminated, and all rights of Contractor 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, Contractor shall be
compensated for all incurred costs and hours of work then satisfactorily completed, plus
approved expenses.
3. Extension or Modification:
This Agreement may not be amended or supplemented, nor may any obligations
hereunder be waived, except by agreement signed by both parties. No additional services or
work performed by Contractor shall be the basis for additional compensation unless and until
Contractor has obtained written authorization and acknowledgement by County for such
additional services in accordance with County's internal policies. Accordingly, no course of
conduct or dealings between the parties, nor verbal change orders, express or implied
acceptance of alterations or additions to the Services, and no claim that County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust
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enrichment, shall be the basis of any increase in the compensation payable hereunder. In the
event that written authorization and acknowledgment by County for such additional services
is not timely executed and issued in strict accordance with this Agreement, Contractor's
rights with respect to such additional services shall be deemed waived and such failure shall
result in non-payment for such additional services or work performed.
4. Independent Contractor:
4.1 With respect to the provision of the Contractor's Services hereunder,
Contractor acknowledges that Contractor is an independent contractor providing Contractor's
services to the County. Nothing in this Agreement shall be deemed to make Contractor an
agent, employee, partner or representative of County.
4.2 The Contractor 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.
4.3 The Contractor and its employees are not entitled to workers' compensation
benefits through the County. The Contractor is solely responsible for necessary and adequate
workers' compensation insurance and shall be responsible for withholding and paying all
federal and state taxes. The Contractor and its employees are not entitled to unemployment
insurance benefits unless unemployment compensation coverage is provided by an entity
other than the County. The Contractor 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.
5. Compensation:
5.1 For the Contractor's Services provided hereunder, County shall pay to the
Contractor the sum of$3,500, as set forth in Exhibit A. The total compensation allowed
under this Agreement shall not exceed $3,500 without a signed amendment to the
Agreement. Contractor will not be entitled to bill at overtime and/or double time rates for
work done 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.
5.2 Contractor 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 Contractor 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 Contractor for Contractor'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.
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Eagle County Health & Human Services
Business Office
551 Broadway
P.O. Box 660
Eagle, CO 81631
5.3 Any out-of-pocket expenses to be incurred by Contractor and reimbursed by
County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without
any additional mark-up thereon and are included in the not to exceed contract amount set
forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or
other compensation to personnel of Contractor. Contractor shall not be reimbursed for
expenses that are not set forth on Exhibit A unless specifically approved in writing by
County.
5.4 If, prior to payment of compensation or reimbursement for services but after
submission to County of a request therefore 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.
5.5 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. Contractor shall
provide the County with progress reports upon County's request; or Contractor shall furnish
progress reports as more specifically set forth in the attached Exhibit A.
5.6 County will not withhold any taxes from monies paid to the Contractor
hereunder and Contractor agrees to be solely responsible for the accurate reporting and
payment of any taxes related to payments made pursuant to the terms of this Agreement.
5.7 Notwithstanding anything to the contrary contained in this Agreement, no
charges shall be made to the County nor shall any payment be made to the Contractor 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).
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6. Indemnification:
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The Contractor shall indemnify and hold harmless County, and any of its officers,
agents and employees against any losses, claims, damages or liabilities for which County
may become subject to insofar as an such losses, claims, damages or liabilities arise out of,
directly or indirectly, this Agreement, or are based upon any performance or nonperformance
by Contractor or any of its sub-contractors hereunder including claims for bodily injury or
personal injury including death, or loss or damage to tangible or intangible property; and
Contractor shall reimburse County for reasonable attorney fees and costs, legal and other
expenses incurred by County in connection with investigating or defending any such loss,
claim, damage, liability or action. This indemnification shall not apply to claims by third
parties against the County to the extent that County is liable to such third party for such
claims without regard to the involvement of the Contractor. This paragraph shall survive
expiration or termination hereof
7. Contractor's Professional Level of Care and Additional Duties:
7.1 Contractor 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 the Contractor's
Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform
the Services in a skillful, professional and competent 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, 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 seven (7)
days' notice to the Contractor.
7.2 Contractor represents and warrants that it has the expertise and personnel
necessary to properly perform the Services and covenants that its professional personnel are
duly licensed to perform the Services within Colorado.
7.3 Contractor agrees to work in an expeditious manner, within the sound exercise
of its judgment and professional standards, in the performance of this Agreement. Time is of
the essence with respect to this Agreement.
7.4 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. Contractor shall
provide the County with progress reports upon County's request; or Contractor shall furnish
progress reports as more specifically set forth in the attached Exhibit A.
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7.5 Contractor shall maintain, for a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance of its responsibilities
hereunder. Contractor shall be subject to financial audit by federal, state or county auditors
or their designees. Contractor authorizes County or its agents 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.
7.6 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. Contractor shall be solely responsible for ensuring proper licensing and
credentialing of those providing services under this Agreement.
7.7 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.
7.8 Contractor 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.
7.9 Contractor shall notify HHS immediately of all reports of suspected child
abuse or neglect 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 are to make those reports directly to the HHS Children, Families, and
Adult Services Department at (970)328-8840.
7.10 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 hereto as Exhibit "B" and incorporated herein by this reference.
7.11 Contractor must comply with the following requirements regarding all TANF-
eligible participants:
Food Stamps— Contractor 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.
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Medicaid—Contractor 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 Contractor 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—Contractor must provide all participants with notice of their right to appeal
to HHS. Contractor shall keep a record of all participants served for documentation in case
of an appeal.
7.12 All documents prepared by Contractor in connection with the Services shall
become property of County. Contractor shall execute written assignments to County of all
rights (including common law, statutory, and other rights, including copyrights) to the same
as County shall from time to time request. For purposes of this paragraph, the term
"documents" shall mean and include all reports, plans, studies, tape or other electronic
recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or
prepared by or for Contractor (including any employee or subcontractor in connection with
the performance of the Services and additional services under this Agreement).
7.13 This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective permitted assigns and successors in interest. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely for the parties,
and not to any third party.
7.14 No failure or delay by either party in the exercise of any right hereunder shall
constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any
preceding or succeeding breach.
7.15 The invalidity, illegality or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provision hereof
7.16 The signatories to this Agreement aver to their knowledge, no employee of the
County has any personal or beneficial interest whatsoever in the Services or Property
described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that
would conflict in any manner or degree with the performance of the Services and Contractor
shall not employ any person having such known interests.
7.17 The Contractor, if a natural person eighteen(18) years of age or older, hereby
swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise
lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall
comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement.
7.18 This Agreement contains the entire agreement between the parties with
respect to the subject matter hereof and supersedes all other agreements or understanding
between the parties with respect thereto.
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•
8. Notice:
Any notice required by this Agreement shall be deemed properly delivered when (i)
personally delivered, or (ii) when mailed in the United States mail, first class postage
prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges
prepaid, to the parties at their respective addresses listed below, or(iv) when sent via
facsimile so long as the sending party can provide facsimile machine or other confirmation
showing the date, time and receiving facsimile number for the transmission, or(v) when
transmitted via e-mail with confirmation of receipt. Either party may change its address for
purposes of this paragraph by giving five (5) days prior written notice of such change to the
other party.
COUNTY: CONTRACTOR:
Eagle County Health& Human Services Colorado Mountain College
Megan Burch Steve Boyd
P.O. Box 660 801 Grand Avenue
Eagle, CO 81631 Glenwood Springs, CO 81601
970-328-8840 970-947-8402
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-Mail: atty @eaglecounty.us
9. Insurance: Contractor agrees to provide and maintain at Contractor's sole cost and
expense, the following insurance coverage with limits of liability not less than those stated
below:
a. Types of Insurance.
i. Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each
accident combined bodily injury and property damage liability insurance, including coverage
for owned, hired, and non-owned vehicles.
iii. Commercial General Liability coverage to include premises and
operations, personal/advertising injury, products/completed operations, broad form property
damage with limits of liability not less than$1,000,000 per occurrence and $2,000,000
aggregate limits. This policy shall be endorsed to include coverage for physical/sexual abuse
and molestation.
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iv. Professional liability insurance with prior acts coverage for all
Services required hereunder, in a form and with an insurer or insurers satisfactory to County,
with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate.
In the event the professional liability insurance is on a claims-made basis, Contractor
warrants that any retroactive date under the policy shall precede the effective date of this
Agreement. Continuous coverage will be maintained during any applicable statute of
limitations for the Services provided that the coverage is commercially available at a
reasonable premium. Contractor shall provide thirty (30) days' notice to County prior to
cancelling such insurance during the applicable statute of limitations period.
v. Intentionally Omitted.
b. Other Requirements.
i. The automobile and commercial general liability coverage and such
other coverage as indicated above shall be endorsed to include Eagle County, its associated
or affiliated entities, its successors and assigns, elected officials, employees, agents and
volunteers as additional insureds.
ii. Contractor's certificates of insurance shall include sub-contractors as
additional insureds under its policies or Contractor shall furnish to County separate
certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants
shall be subject to the same minimum requirements identified above. Contractor and sub-
contractors, if any, shall maintain the foregoing coverage in effect until the Services are
completed. In addition, all such policies shall be kept in force by Contractor and its sub-
contractors until the applicable statute of limitations for the Services has expired provided
that the coverage is commercially available at a reasonable premium.
iii. Insurance shall be placed with insurers duly licensed or authorized to
do business in the State of Colorado and with an"A.M. Best" rating of not less than A-VII.
iv. Contractor's insurance coverage shall be primary and non-contributory
with respect to all other available sources. Contractor's policy shall contain a waiver of
subrogation against Eagle County.
v. All policies must contain an endorsement affording an unqualified
thirty (30) days' notice of cancellation to County in the event of cancellation of coverage.
vi. All insurers must be licensed or approved to do business within the
State of Colorado and all policies must be written on a per occurrence basis unless otherwise
provided herein.
vii. Contractor's certificate of insurance evidencin g required
uired
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coverage(s) is attached hereto as Exhibit C. Upon request, Contractor shall provide a copy
of the actual insurance policy and/or required endorsements required under this Agreement
within five (5) business days of a written request from County, and hereby authorizes
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Contractor's broker, without further notice and authorization by Contractor, to immediately
comply with any written request of County for a complete copy of the policy.
viii. Contractor shall advise County in the event the general aggregate or
other aggregate limits are reduced below the required per occurrence limit. Contractor, at its
own expense, will reinstate the aggregate limits to comply with the minimum limits and shall
furnish County a new certificate of insurance showing such coverage.
ix. If Contractor fails to secure and maintain the insurance required by
this Agreement and provide satisfactory evidence thereof to County, County shall be entitled
to immediately terminate this Agreement.
x. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
xi. The parties hereto understand and agree that the County is relying on,
and does not waive or intend to waive by any provision of this Agreement, the monetary
limitations or rights, immunities and protections provided by the Colorado Governmental
Immunity Act, as from time to time amended, or otherwise available to County, its affiliated
entities, successors or assigns, its elected officials, employees, agents and volunteers.
xii. Contractor is not entitled to workers' compensation benefits except as
provided by the Contractor, nor to unemployment insurance benefits unless unemployment
compensation coverage is provided by Contractor or some other entity. The Contractor is
obligated to pay all federal and state income tax on any moneys paid pursuant to this
Agreement.
10. Non-Assignment and Subcontractors:
10.1 Contractor shall not assign this Agreement or employ any subcontractor
without the prior written approval of the County. The Contractor shall be responsible for the
acts and omissions of its agents, employees and sub-contractors. The Contractor shall bind
each subcontractor to the terms of this Agreement. The County may terminate this
Agreement, if the Contractor 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.
10.2 Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter
into any sub-contract agreements for the performance of any of the Services or additional
services without County's prior written consent, which may be withheld in County's sole
discretion. County shall have the right in its reasonable discretion to approve all personnel
assigned to the subject project during the performance of this Agreement and no personnel to
whom County has an objection, in its reasonable discretion, shall be assigned to the project.
Contractor shall require each sub-contractor, as approved by County and to the extent of the
Services to be performed by the sub-contractor, to be bound to Contractor by the terms of
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this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement, assumes toward County. County shall have the right
(but not the obligation) to enforce the provisions of this Agreement against any sub-
contractor hired by Contractor and Contractor shall cooperate in such process. The
Contractor shall be responsible for the acts and omissions of its agents, employees and sub-
consultants or sub-contractors.
11. Jurisdiction and Confidentiality:
11.1 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.
11.2 The Contractor acknowledges that, during the term of this Agreement and in the
course of the Contractor rendering the Contractor's Services,the Contractor may acquire
knowledge of the business operations of the County not generally known and deemed confidential.
Contractor shall not disclose, use,publish or otherwise reveal,either directly or through another,to
any person,firm 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 teiiii 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.
12. Miscellaneous:
12.1 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.
12.2 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
12.3 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.
13. Prohibitions on Public Contract for Services:
If Contractor has any employees or subcontractors, Contractor 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, Contractor certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that
Contractor 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.
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(a) Contractor 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
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) Contractor 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 11852216781.50.shtm
(c) The Contractor 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 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:
(i) Notify the subcontractor and the County within three (3) days
that the Contractor 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
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.
(e) 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 established in C.R.S. § 8-17.5-102(5).
(f) If a Contractor violates these prohibitions, the County may terminate
the contract for a breach of the contract. If the contract is so
terminated specifically for a breach of this provision of this Contract,
the Contractor shall be liable for actual and consequential damages to
the County as required by law.
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(g) The County will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and the County
terminates the Contract for such breach.
14. Execution by Counterparts; Electronic Signatures:
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. The
parties approve the use of electronic signatures for execution of this Agreement. Only the
following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature
page; (ii) the image of the signature of an authorized signer inserted onto PDF format
documents. All documents must be properly notarized, if applicable. All use of electronic
signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101
to 121.
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: _ .l►.L t
■nth P. Montag, County Manager
CONTRACTOR:
By: 09'41'4
STATE OF C o t-b 10
SS.
COUNTY OF 6-a F L )
The foregoing was acknowledged before me by E_ 60 L/ , as
PU P t' 61 5 i 6 C o :�✓C f c-r fn6 of Colorado Junior Mountain College, this '7TH[,.day of
� , 201,3.14
My comm��.°' perpi `•_ 1 ) • 1
t1OTAR y
Notary Public
PUBLIC.; :
OF COQ- .•
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EXHIBIT A
SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE
Description of Services:
Colorado Junior 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 101 TM
➢ 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 90 workshops x 4 hrs x $40 $14,400
Instructor Fringe 19.95% $ 2,873
(PERA 16.55%; Workman's Comp 1.3%; Medicare 1.45%; Unemployment .25%)
Supplies-Zip drives $ 500
Marketing/Advertising $ 500
TOTAL: $18,273
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.
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EXHIBIT B
AFFIDAVIT OF LAWFUL PRESENCE
AFFIDAVIT (to comply with HB 1023)
I, , swear or affirm under the penalty of perjury
under the laws of the State of Colorado that (check one):
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
(Attach copy of driver's license with certification)
15
EXHIBIT C
CERTIFICATE OF INSURANCE
16
' Client#:37992 COLMO3
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
1/08/2014
THIS CERTIFICATE 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 not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Heather Lee
NAME:
Flood&Peterson Ins.,Inc. PHONE 720-977-6016 FAX 7
P.O.Box 578 Ma l°'Ext): (A/C,No): 20-977-7113
ADDRESS:
Greeley,CO 80632 PRODUCER
970 356-0123 CUSTOMER ID#:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A:Hanover Insurance
Colorado Mountain College Pinnacol Assurance
Attn: Risk Management INSURER B
802 Grand Avenue INSURER C
Glenwood Springs,CO 81601 INSURER D
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 ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A GENERAL LIABILITY ZB4989526000 04/01/2013 04/01/201 EACH OCCURRENCE $1,000,000
DAMAGE TO COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $15,000
PERSONAL$ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
POLICY PRO-
JFCT LOC $
A AUTOMOBILE LIABILITY AW4989525800 04/01/2013 04/01/2014 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
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 X OCCUR UH4989525900 04/01/2013 04/01/2014 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION 4045403 07/01/2013 07/01/2014 X TO TI ATMUIT S OTH-
AND EMPLOYERS'LIABILITY ER
ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? © 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
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,
employees,agents and volunteers are included as Additional Insured as required by written contract with
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Eagle County Health&Human Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn:Megan Burch THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
g 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 2 The ACORD name and logo are registered marks of ACORD
#S854416/M838252 IXB
4