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HomeMy WebLinkAboutC96-033 Food Resource Center'96 3 3 2 5 AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND FOOD RESOURCE CENTER THIS AGREEMENT, made and entered into this r--? I day of. 1996 by and between the Board of County Commissioners of the County of Ea e, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Food Resource Center, (hereinafter referred as the "Contractor"). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE A. The County has awarded the Contractor grant funds in the amount of $1,000 in quarterly payments of $250 beginning March 31, 1996 for the purpose of providing emergency food assistance to individuals and families in Eagle County. B. In consideration for the monetary payment described in the preceding paragraph, Contractor shall utilize and spend the funds provided solely for the following specific purpose(s),'subject to the general terms and conditions as stated herein: emergency food assistance to individuals and families in Eagle County. C. The Contractor shall provide an annual statistical report of the numbers of individuals receiving emergency food assistance. The annual report will be due on January 15, 1997 and will be submitted to the Director of Health and Human Services, P.O. Bix 660, Eagle, CO 81631. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence January 1, 1996, and end December 31, 1996. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on 10 days' notice if it is deemed by the County that the Contractor is not fulfilling the program as specified in this agreement, or for other sufficient reasons. Any unexpended funds may be required to be returned to the County as well as any funds not properly expended according to project objectives. B. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall thereupon terminate and cease immediately. Agreement Between EAGLE COUNTY and Food Resource Center PAGE 2 3. CONTRACTOR'S DUTIES The Contractor shall comply with the following requirements: A. All funds received under this Agreement shall be expended solely for the purpose of which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B. The Contractor shall maintain adequate records of matching expenditures for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. C. The Contractor authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Contractor, with 48 hours written notice, for the purpose of evaluating performance under this Agreement. 4. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: THE CONTRACTOR: Eagle County Food Resource Center c/o County Attorney P.O. Box 1497 P. O. Box 850 Avon, CO 81620 Eagle, CO 81631 5. MODIFICATIONS AND WAIVER The Contractor shall not assign any rights or duties under this Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. l Agreement between EAGLE COUNTY and Food Resource Center PAGE 3 riled iKIN D)rM1I: OX1110 A. The parties of this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns: provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. D. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees, or servants, and its successors, from any and all demands, losses, liabilities, claims or judgements, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the acts or omissions of Contractor, its employees or agents, in connection with Contractor's activities which are funded in whole or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its obligations under this Agreement. F. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. G. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. The County's financial obligations under this Agreement are contingent upon its receiving sufficient revenues within its budget. Agreement between EAGLE COUNTY and Food Resource Center PAGE 4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on 1995. The parties hereto have signed this Agreement in quadruplicate. One counterpart ach has been delivered to the County and the Contractor. County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS County Commissioners Y: - - . - F -, Z21a-dz::� eorge A. Gat , Chairperson Eagle County Board of Commissioners CONTRACTOR: Food Resource Center +C�r-wL".