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HomeMy WebLinkAboutC12-025 CASA of the Continental DivideEAGLE COUNTY GRANT RECIPIENT AGREEMENT BETWEEN EAGLE COUNTY AND GRANT RECIPIENT Grant Recipient: CASA of the Continental Divide Grant Amount: $6,000 Grant Period: January 1, 2012 — December 31, 2012 Whereas, Eagle County works to promote the health, safety, and welfare of Eagle County citizens of all ages; and Whereas, among the services Eagle County provides in order to promote such health, safety, and welfare are grants-in-aid to local organizations whose work assists the County in accomplishment of the goal to create and sustain a safe, healthy, and socially diverse community; and Whereas, CASA of the Continental Divide (hereinafter referred to as "Grant Recipient") has agreed to provide services that create and sustain a healthy and socially diverse community in Eagle County; and Whereas, Grant Recipient acknowledges that pursuant to the terms of C.R.S. § 24-76.5-101, et seq., Eagle County is prohibited from providing certain public benefits to illegal aliens over the age of eighteen. Now, therefore, in consideration of the foregoing premises and the following promises, Eagle County and Grant Recipient enter into this Agreement for payment of the grant award in the amount of Six Thousand Dollars ($6,000) to Grant Recipient. A. Grant Recipient agrees that funds awarded by Eagle County may be used and expended solely for general operating support in providing court appointed trained volunteers to advocate for children who are the victims of abuse and neglect as specified in the 2012 Community Service Grant Application and Grant Application Budget Section. All funds will be expended in the specified grant period. B. In return for the award of the $6,000 grant, Grant Recipient agrees to submit a report discussing how the funds were expended, deliverables as outlined in the Grant Application, and how they tie back to creating and sustaining a healthy and socially diverse community. The report will be due no later than September 30, 2012 or submitted along with the submission of your application for 2013, whichever is first. In addition, if work under the Grant is performed between September 30, 2012 and December 31, 2012 a supplemental report shall be provided. Grant Recipient agrees to use the Colorado Common Grant (CCG) Report format which can be downloaded and printed from the following website: http://www.coloradocommongrantforms.org/nopprofits_old/c rg_html A hard copy of the CCG Report is also included as Exhibit A with this Grant Agreement. Eagle County does not require the Grant Recipient to include attachments as outlined in the CCG Report. C. Payment of the Grant Amount will be made in one installment. D. Grant funds under this Grant Agreement are to be used and expended within the Grant Period. Any funds not used or expended during the Grant Period must be returned to Eagle County. E. If, after payment of the Grant Award, Eagle County reasonably determines that payment was improper because the purposes for which the payment was made were misrepresented, or the terms of this Agreement were breached, then upon written notice of such determination and request for reimbursement from Eagle County, Grant Recipient shall forthwith return such payment to Eagle County. F. In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expenses. G. Grant Recipient shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions and codes; and specifically, 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. H. Grant Recipient shall not assign any of its rights or duties under this Grant Agreement to a third party without the prior written consent of County. County shall terminate this Grant Agreement in the event of any assignment without its prior written consent, in which case, any unused Grant Funds must be returned to County. I. Grant Recipient agrees that no agent, employee or volunteer of Grant Recipient shall be deemed an agent, employee or volunteer of County. J. Grant Recipient shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. Grant Recipient shall be subject to financial audit by federal, state or county auditors or their designees. Grant Recipient authorizes County to perform audits or to make inspections during normal business hours, upon 48 hour notice to Grant Recipient for the purpose of evaluating performance under this Grant Agreement. Grant Recipient shall cooperate fully with authorized Health and Human Services representatives in the observation and evaluation of the program and records. Grant Recipient shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. K. This Agreement shall be 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 County, Colorado. L. This Grant Agreement supersedes all previous communications, negotiations, and/or agreements between the respective parties hereto, either verbal, or written, and the same not expressly contained herein are hereby withdrawn and annulled. M. This Grant Agreement does not, and shall not be deemed or construed to confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Grant Recipient or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions contained herein. N. Invalidity or unenforceability of any provision of this Grant Agreement shall not affect the other provisions hereof, and this Grant Agreement shall be construed as if such invalid or unenforceable provision was omitted. O. Grant recipient agrees to the following: (a) Mandatory Reportin. Grant Recipient shall notify Health and Human Services ("HHS") immediately of all reports of suspected child abuse or neglect involving Grant Recipient, including, but not limited to, employees, volunteers and clients. HHS partners are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS Children and Family Services - (970) 328-8840. P. Grant Recipient shall carry workers compensation and such other insurance as is necessary in carrying out its performance under the Grant Agreement. Q. If Grant Recipient (hereinafter "Contractor" for purposes of this Paragraph Q) 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. (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/Mreyprot/programs/gc 1185221678150.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. (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. R. Grant Recipient shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by, the Grant Recipient in violation of the terms and conditions of this Grant Agreement. S. Grant Recipient certifies that it has read the Agreement, understands each and every term and the requirements set forth herein, and agrees to comply with the same. Funds will not be disbursed without a signed Grant Recipient Agreement. Please complete this page and return to the Eagle County Department of Health and Human ervices. Kathy Reed Name Signature Executive Director 1/10/12 Title Date P.O. Box 2092 Mailing Address Dillon CO 80435 City, State, Zip COUNTY OF EAGLE, STATE OF COLORADO By and through the Eagle County Board of Commissioners By: 3orrsi���e'y- C�iainnan