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Home My WebLink AboutC99-031 ResponseAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND RESPONSE THIS AGREEMENT, made and entered into this 9 � day of :.a, , 1999 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 Response, (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 $3,500 in quarterly payments of $875 beginning April 15, 1999 for the purpose of providing service to survivors of domestic violence and sexual assault to individuals who are 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. 24 hour crisis intervention ii. free counseling and support groups iii. emergency housing iv. Legal advocacy and referral C. The Contractor shall provide quarterly statistical reports of the numbers of individuals receiving services. Quarterly reports will be due by the 15th of the month following the close of the quarter and will be submitted to the Director of Health and Human Services, P.O. Box 660, Eagle, CO 81631. Quarterly payments may be suspended if the contractor fails to provide quarterly reports on time. 2. PERIOD OF AGREEMENT A. The tern of this Agreement shall commence January 1,1999, and end December 31,1999. 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 finds 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 Response 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. i 1 . 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 Response c/o Health & Human Services P.O. Box 1340 P. O. Box 660 Aspen, CO 81612 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. Agreement between EAGLE COUNTY and Response PAGE 3 6. INSURANCE At all times during the term of this Agreement, Contractor shall maintain the following insurance: .- M-141FIM Workers' Compensation Employer's Liability, including occupational disease Comprehensive Automobile Liability, including all owned, non -owned and hired vehicles. Coverage -Limits Statutory $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. Comprehensive General Liability, $150,000 per person and $600,000 per including broad form property damage occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado 7. 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 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. M u Agreement between EAGLE COUNTY and Response PAGE 4 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. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of 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). IN WITNESS THEREOF, the parties hereto have executed this Agreement on 4". �' 1999. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS ATTEST: f lecP �O�Lci BY: Clerk of the Board of Jo ette Phillips, Chairman County Commissioners Ea le County Board of Commissioners CONTRACTOR: Response BY: 7 a TITLE: Dilnuno..,,v • t on s , o '£ :off steer tjo