HomeMy WebLinkAboutC16-087 Catholic Charities Western SlopeAGREEMENT BETWEEN EAGLE COUNTY. COLORADO
AND
CATHOLIC CHARITIES. WESTERN SLOPE
THIS AGREEMENT ("Agreement") is effective as of the ls day of January,2016 by and between Catholic
Charities, Westem Slope, a Colorado nonprofit corporation, (hereinafter "Contractol) and Eagle County, Colorado,
a body corporate and politic (hereinafter "County').
RECITALS
WHEREAS, Contractor has agreed to provide services and opportunities to help meet the needs of vulnerable
populations in order to make Eagle County a Great Place to Live for AII; and
WHEREAS, the parties acknowledge and agree that the Services (defined below) promote the health, safefy and
welfare of the people of Eagle County and are intended to provide services that could otherwise be performed by
County directly; and
WHEREAS, Contractor has elected to perform the Services on its own and County has, therefore, elected to
compensate Contractor to perform the Services for the public to fulfill an important public purpose; and
WHEREAS, compensation paid by County to Contractor enables Contractor to perform the Services for the public
and County shall have no responsibility for the performance ofthe Services; and
WHEREAS, County desires to enter into this Agreement rvith Contractor for the performance of the Services to the
public which will directly support and sustain a healthS environmentally and economically vital and socially diverse
community; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Services as defined below in paragraph I hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and County in comection with the
Services,
AGREEMENT
NO% THEREFORE, in consideration of the foregoing and the following promises Conhactor and County agree as
follows:
L Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the services or work desoribed in Exhibit A ("Services") which is attached hereto
and incorporated herein by reference. The Services shall be performed in accordance with the provisions and
conditions of this Agreement.
a. Contractor agrees to furnish the Services and reports or other information required by County in
accordance rvith the schedule established in Exhibit A. If no schedule is specified in Exhibit A. then Contractor
agr€es to furnish the Services to the public in a timely and expeditious manner consistent with the applicable
standard ofcare. By signing below Contractor represents that it has the expertise and personnel necessary to
properly and timely perform the Services.
Eagle County Attorney's Office
Eagle County Comnrissioners, OfficeC16-087
b. In the event of any conflict or inconsistency betrveen 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.
2, County's Representative. The Human Services Department's designee shall be Contractor's contact rvith
respect to this Agreement and performance of the Services.
3. Term of the Aqreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of paragraph I I hereoi shall continue in full force and effect through the 31" day of December, 2016.
County makes no representations conceming the possibility of future Agreements with Contractor and Contractor
should not rely on this Agreement being extended or renelved in the future'
4. Modifications. Any amendments or modifications shall be in rvriting signed byboth parties'
5. Compensation. County shall compensate Contractor for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not
exceed $10,000.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done
outside of normal business hours,
Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a
proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks
performed, lvho performed each task and such other detail as County may request. If County is not satisfied with the
completeness of a submitted invoice, County may request Contractor either revise the invoice or provide additional
information.
All invoices must be delivered as follows to ensure proper payment:
Eagle County Department of Human Services
c/o Rita Woods
PO Box 660 Eagle, CO 81631
Delivered by US Mail
b. If, prior to payment of compensation or reimbursement for Services but after submission to
Counfy 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 during the term or after termination or expiration of
this Agreement, County reasonably determines that any payment made by County to Contractor was improper
because the Services for rvhich payment was made were not performed as set forth in this Agreement or purposes for
rvhich payment was made were misrepresented, then upon written notice of such determination and request for
reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or
expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be retumed to County.
c. No additional services or workperformed by Contractor shall be the basis for additional
compensation.
d. Countywill 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.
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e. 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 3l of any year, without an appropriation therefor by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25,litle 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec.20).
6. Subcontractors. The Contractor shall be responsible for the acts and omissions of its agents, employees and
zubcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense insurance
appropriate for the tlpe of Services it provides to the public, Such insurance may include, but not be limited to,
workers compensation insurance as required by law; automobile coverage; commercial general liability or
professional liability coverage. 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.
8. Indemnifrcation. Governmental Immunity and No Third Party Beneficiaries.
(a) The Conlractor shall indemnifu 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 any
such losses, claims, damages or liabilities arise out oi directly or indirectly, this Agreement, or are based upon any
performance ornonperformance by Contractor or any ofits subcontractors hereunder; and Contractor shall
reimburse County for reasonable attomey fees and costs, legal and other expenses incuned by County in connection
with investigating or defending any such loss, claim, damage, liability or action. This indemnifrcation 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.
(b) 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 Governnental Immunity Act, as from time to time amended, or otherwise
available to County, its affiliated entities, successors or assigns, its elected offrcials, employees, agents and
volunteers.
(c) Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the
parties and not to any third party. This Agreement does not aqd shall not be deemed or construed to confer upon or
grant to any third party anyright to claim damages or to bring any suit, action or other proceeding in connection
with the Agreement. The parties acknowledge that the Services could otherwise be performed by the County but
County has instead determined to provide financial support through compensation as set forth in paragraph 5. Such
compensation by County enables Contractor to perform the Services for the public and County shall have no
responsibility therefor. Because Contractor is delivering the Services to the public and not Eagle County, the public
shall have no rights under this Agreement and may not make any claim against County in connection with this
Agreement.
9. Documents. Docuinents and materials prepared by Contractor during the term of this Agreement shall be
provided to County upon request and County shall have the right at no additional cost, to copy, use, re-use, publish,
display, the documents and materials and prepare derivative works.
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10. 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) rvhen delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed belorq or (iv)
rvhen transmitted via e-mail with conhrmation of receipt. Either party may change its address for purposes of this
paragraph by giving five (5) days prior written notice ofsuch change to the other party.
COTINTY:
Eagle County, Colorado
Attention: Rita Woods
551 Broadway
Post Offrce Box 660
Eagle, CO 81631
Telephone; 97 0 -328 -88 l7
E-Mail: Rita.Woods@eaglecounty.us
CONTRACTOR:
Catholic Charities, Western Slope
Marian McDonough
1004 Grand Avenue
Glenwood Springs, CO 81601
'Ielephone : 97 0 -384 -20 60
E-Mail: mmcdonough@ccdenver.org
11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason,
with or rvithout cause, and without penalty therefor with seven (7) calendar days' prior written notice to the
Contractor. County shall pay Contractor only for Services satisfactorily performed to the date of termination.
12. Venue. Jurisdiction and Applicable Larv. Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
13. Execution by gounterparts: Electronic Sienatures. 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-l0L to l2L
14. Other Contract Requirements and Contractor Representations.
a. Contractor shall be responsible for the completeoess and accuracy of the Services and shall
correct, at its sole expense, all signihcant errors and omissions in performance of the Services. 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 contractors performing similar services. Contactor shall comply with the highest
standards of customer service to the pdblic. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of
this Agreement.
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b. 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.
c. Nothing contained in this Agreement shall be deemed to create a relationship of employer-
employee, master-seryant, partnership, joint venture or any other relationship between Counly and Contractor except
that ofindependent contractor. Contractor shall have no authority to bind County.
d. Contractor shall comply with any and all applicable laws, codes, rules and regulations and that is
personnel are duly licensed, if required, to perform the Services in Colorado.
e. This Agreement contains the entire agreement between the parties rvith respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
f. Contractor shall not assign any portion of this Agreement rvithout the prior written consent of the
Counfy. Any attempt to assign this Agreement without such consent shall be void.
C. 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.
h. The invalidity, illegality or unenforceability of anyprovision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
i. The signatories to this Agreement aver to their knowledge no employee of the County has any
personal or beneficial interest rvhatsoever in the Services 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.
j. The Contractor, ifa natural person eighteen (18) years ofage or older, herebyswears 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 rvith C.R.S. 24-'16.5-103 prior to the effective date of this
Agreement.
k. Contractor acknowledges that it is prohibited from using Eagle County firnds to provide certain
public benefits to undocumented individuals pursuant to C.R.S. 24.'16.5-10l et. seq.
L Contractor shall comply at all times and in all respects with all applicable federal, state and local
laws, resolutions and codes; and specifically, \r'dth the requirements of the Civil Rights Act of 1964 and Section 504
of the Rehabilitation Act conceming discrimination on the basis of race, color, gender, sex, sexual orientation, age,
religion, national origin or disabilify.
m. Conhactor shall maintain, for a minimum of three (3) years, adequate financial and programmatic
records for reporting to County on the perfiormance ofits 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 norrnal business hours, upon 48 hours' notice to Contractor for the purpose ofevaluation its
performance under this Agreement. Conhactor shall cooperate fully with County.
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n. The recitals set forth above are incorporated herein by reference.
15. Prohibitions on Government Contracts,
As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries
not legally within the United States as setforth in C.R.S. 8-17.5-101, et. secl.If Contractorhas any employees or
subcontractors, Contractor shall comply rvith C.R.S. 8-17.5-101, et. sec!., and this Agreemont. By execution of this
Agreement, Contractor certifies that it does not knorvingly employ or conhact with an undocumented individual
rvho will perform under this Agreement and that Conhactor 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 rvho are newly hired for employment to perform Services under this Agreement.
a. Contractor shall not:
i. Knowingly employ or contract lvith an undoeumented individual 1o perform Services
under this Agreement; or
ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an undocumented individual to perform lvork under the public contract for
services.
b. Contractor has confirmed the employment eligibilily of all employees who are newly hired for
employment to perform Services under this Agreement 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-verifr program can be found at:
http;[www.dhs.sov/xprevprot&ros{gnh/sc 11F5231678150f htn]
c. Contractor shall not use either the E-verifr prograh or other Department Program procedures to
undertake pre-employnent screening ofjob applicants while the public contract for services is being performed.
d. If Contractor obtains actual knowledge that a subcontraotor performing work under the public
cotrffact for services knowingly employs or contracts rvith an undocumented individual, Contractor shall be required
to:
i. Notifu the subcontractor and County rvithiu tluee (3) days that Contractor has actual
knowledge that the subcontractor is employing or contracting lvith an undocumented hdividual; and
ii. Terminate the subcontract with the subcontractor if within thee days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or
contracting with the undocumented individual; except that Contractor shall not terminate the contract rvith the
subcontractor if duriog zuch three (3) days the subcontractor provides information to establish that the subcontractor
has not knowingly ernployed or contracted rvith an undocurnented individual.
e. Contractor shall comply with any reasonable request by the Department of Labor and Employment
rnade in the course of an investigation that the department is undertaking pursuant to its authority established in
c.R.s. 8-17.5-102(s).
f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of
contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor
shall be liable for actual and consequential damages to County as required by law
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g. County rvill notiff the Colorado Secetary of State if Contractor violates this provision of this
Agreement and County terminates the Agreement for such breach.
IKEST OF PAGE INTENTIONAITY LEFT BLANKJ
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IN WITNESS WIIEFSOR the parties ilave exeputed ihis Agreerne,nt the day and year ftrst set forth abow.
COUlfrY OF EAGL4 STATE OF' COI,ORADQ By and
Thfoxgh lts coUNTY MANAGER
J
PrintName: f*t'|,ilr tt I t'
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E)G{IBIT A
SCOPE OF SERVICES, SCHEDULE, FEES, REPORTING REQTIIREMENTS
1. SCOPEOFSERVICES
A. CONTRACTOR SHALL PERFORM OR PROVIDE THE FOLLOWING SERVICES OR
PROGRAMS TO THE PTIBLIC:
Expand services and opportunities to meet the needs of lulnerable populations.
Continue to serve the most vulnerable residents of Eagle County, thereby preventing homelessness, keeping
individuals and families safe, and empowering individuals and families to attain self-sufliciency. Provide
services including homelessness prevention services and services for the immigrant community.
1. TransitionalHousing:
I{elp the homeless individuals and families or those facing imminent homelessness obtain and/or
maintain housing and become stable tkough financial supportive services, case management and
refenals.
Emergency Assistance: Assist people who experience an unexpected financial crisis that may leave
them in danger of losing their housing or not being able to pay everyday bills. Clients may be
unemployed, underemployed or fully employed but unable to keep up the high cost of living in the
area. The progtam's objectives are: 1) prevent eviction or utility shutoff and provide other emergency
assistance to households; and2) provide case management, assessment, consultation and./or referrals to
100% ofclients who receive assistance.
Community Integration Services: Objectives are to help immigrant households: 1) attain workplace
equity; 2) increase their access to community resources; 3) adapt more easily to American culture; 4)
retain housing; 5) leam about community safety. Services offered: mediation in disputes with
landlords, employers or creditors; direct financial assistance if appropriate; referrals and case
management in accessing community resources and services; and cultural integration services which
help immigrants adjust to their new environment, stabilize, stay housed and move toward self-reliance.
2. FEES
One (l) payment of $4,000.00 upon full execution of agreement and one (1) payment of $6,000 at year end
with submittal of final report to the County as noted below.
3. CONTRACTOR SHALL BE REQUIRED TO SUBMIT THE FOLLOWING REPORTS TO COUNTy:
(Electronic Excel Template will be provided to Contractor)
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DESCRIPTION:
CONTRACTOR NAMEi
CONTMCTORNAME:
CONTRACTTERM:
REPORTSUEMISSION
This reporling template is required to be used by all contractors either funded and/or managed by the Eagle
CountyDepartmentofHumanServices{ECDHS)regardlessoffundingfevel. Dependingontheamount,projeqttype
and/or additional State/Federal requirements of an Individual grant, reporting requlrements may vary. Please
take the time to review your organization's specific reporting requiremeets and associated deadllnes outlined In
this template. Specific metrics, frequeniy and level of reporting detail will have been finalized during the grant
awarding process,
xtol
xxx
, Start Dote; xxx End Dote: ,(xx
Please submit this form via email to Rita Woods at Rita.Woods@eaglecounty.us (Ph. 970.328.8817). Your
orgonization's report(s) types ond deodline(s) ore llsted below.
Report TyFe: Final ReFo?l
Reporting Period: 7/1/76
Due: Jan5lhr2017
through 12/31/16
MEIRICS& Pleasebesdretodescribetheunitofmeasure(e,g.individualperson,household,$'s.hours,nlghtsltoensure
lTlONs clarity of what is being reporie.d a nd hgw it is being counted.
COMMENTST Please lnilude any additional commenG related to your organization's performance related to this grant.
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