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HomeMy WebLinkAboutC97-287 Colorado Avalanche Information CenterC°9i 287®8 AGREEMENT BETWEEN ' THE COUNTY OF EAGLE, STATE OF COLORADO AND COLORADO AVALANCHE INFORMATION CENTER THIS AGREEMENT, made and entered in to thij-4 day of , 1997, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Colorado Avalanche Information Center, (hereinafter referred to as the "Contractor"). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE A. The County has awarded the Contractor grant funds in the amount of ONE THOUSAND DOLLARS ($1,000.00) for the purpose of providing avalanche information and education for the benefit of the residents of 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: i. Educational seminars and field sessions shall be conducted in Eagle County. ii. Contractor shall publish and air throughout Eagle County, daily snow condition reports. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence January 1, 1998, and end December 31, 1998. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on ten (10) days' notice if it is deemed by the County that the project is not fulfilling the program as specified in the project application 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. 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 (3) 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 forty-eight (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: Eagle County c/o County Attorney P.O. Box 850. Eagle, Colorado 81631 THE CONTRACTOR: Colorado Avalanche Information Center c/o Nicolas Logan 10230 Smith Road Denver, CO 80239 5. MODIFICATIONS AND WAIVER The Contractor shall not assign any rights or duties under the 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 w: itten consent of the County will terminate the Agreement immediately at the option of the County h. MISCELLANEOUS 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 this 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 or unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County with respect to any claims, liability, or judgments from any acts or omissions of the Contractor, and any of the Contractor's officers, employees, agents or volunteers. F. The Contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and the County of Eagle. 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. —3— IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. ATTEST: _- lerk to the Board�pGLg C County Commis a rs `�'fa N5 y STATE OF COLORADO County of S om /Y?/ ) ss. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS CONTRACTOR: COLORADO AVALANCHE CENTER By: i4w. Print Nam :c LAS d 6 df� Title:e5lc i A 11 f C The -foregoing was acknowledged before me this day of Or Lo b U , 1997 by My commission expires: a� P,r�^ F>� �3f2000 Notary Public mta\cont\avagrt.98