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HomeMy WebLinkAboutbocc.con.017.1998Cq 5'4 7 PITKIN COUNTY HEALTH AND HUMAN SERVICES PURCHASE OF SERVICE CONTRACT ASPEN YOUTH CENTER, 1998 THIS CONTRACT, is made as of the date last below signed between Pitkin County herein referred to as "County", and Aspen Youth Center, hereafter referred to as "Contractor". Whereas, Aspen Youth Center, a private non-profit agency, is offering local and visiting youth of the Roaring Fork Valley healthy, unique programs in a safe and supervised environment that is alcohol, drug and tobacco free, and whereas Pitkin County wishes to contract for provision of these services: Now therefore, it is hereby agreed that in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the Contractor agree as follows: Subject to its other provisions, the term of the Contract shall be from 1st day of January, 1998, through the 31 st day of December, 1998. Section I. County Shall: 1. County agrees to purchase and Contractor agrees to furnish the following services hereinafter referred to as "Purchased Services" : Provide local and visiting youth of the Roaring Fork Valley with programs that teach life skills, such as self-esteem, self-respect, respect for other people, leadership and team building. 2. County agrees to purchase these services for the following targeted groups: Local and visiting youth of the Roaring Fork Valley. 3. County agrees to pay as services are provided as follows: $3,605 to support operational and programming costs. The total amount of this one-time contract shall not exceed $3,605 maximum. The rates paid above include all of contractor overhead and administrative costs in complying with terms of this contract. 4. The County will pay contractor in quarterly payments on the last day of March, June, September, and December. The contractor will provide County with a first quarter report identifying the criteria that will be used to establish performance standards. These 1 performance criteria will be evaluated against actual service numbers in a written report by the contractor to be submitted to the County before the second and fourth quarter payments. Section II. Contractor shall: 1. Strictly adhere to all applicable federal, state, and local laws or regulations (including County Procurement Code) that have been or may hereafter be established. 2. Hold and maintain for the term hereof the necessary license(s) as specified under State law which permits the performance of the service(s) to be purchased herein. 3. Shall maintain a sliding -scale fee schedule for its services in order to accommodate low income individuals. 4. Subcontracts utilized by the Contractor shall be subject to the requirements of the Contract as listed here, and the Contractor is responsible for the performance of any subcontractor. 5. Abide by all applicable provisions of the Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title XX of the Social Security Act of 1975 as revised. 6. Maintain written requirements for safeguarding client information and comply with the same. 7. Indemnify County and the State of Colorado against any liability and loss against all claims and actions based upon or arising out of damage or injury, including death, to persons or property caused or sustained in connection with the performance of this Contract or by conditions created thereby, or based upon any violations of any statute, ordinance, or regulation and the defense of any such claims or actions; maintain insurance in such types and amounts as are necessary to find this indemnity. To find indemnification, Contractor must provide evidence of the following insurance (naming Pitkin County additionally insured) within 10-30 days of execution of contract: a. Statutory Worker's Compensation: 1) Colorado statutory minimums b. Commercial General Liability 1) Bodily Injury/Property Damage, Combined Single Limit: $1,000,000 8. Maintain service program records, fiscal records, documentation and other records relevant to this Contract for a period of five years. The above shall be subject at all reasonable times to inspections, review or audit by Federal, State or County personnel, and other persons authorized in writing by the County. 9. Provide the purchased services at the location as shown as the address of the Contractor or wherever is appropriate for that service within Pitkin County. 10. Provide the service(s) described herein at a cost not greater than charged to other persons. 2 11. Provide a semi-annual evaluation measuring the actual services provided against set performance standards. Section III. General Provisions: 1. The Parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. No agent, employee, or servant of Contractor shall be deemed to be an employee, agent, or servant of County. Contractor will be solely and entirely responsible for its acts and the act of its agents, employees, servants and sub -contractors during the performance of the Contract. 2. Payment pursuant to this Contract, if in County, State, or Federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability and appropriation of County funds for the purpose thereof. 3. This contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, contractor understands that no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of this contract on behalf of the County. Any such contract or modification to this contract must be in writing and be executed by the parties hereto. 4. Either party shall have the right to terminate this Contract by giving the other party ninety days notice by registered mail, return receipt requested at the addresses below listed, effective upon mailing. If notice is so given, this Contract shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for further performance of the terms of this Contract shall thereupon cease, but perform their obligations up to the date of termination. The County's contact person for this contract shall be the Human Services Director. The Contractor's contact person for this contract shall be the Aspen Youth Center Director. 5. In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion of the County until final audit. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Contractor by deduction from subsequent payments under this Contract or other contracts between the County and the Contractor, or by the County as a debt due to the County. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation of this Contract or appropriate statutes or regulations. 3 WHEREFORE, • arties ha he esin set their ha SIGNED this day of 1 ATTEST: Pitkin County Clerk RECOMMENDED FOR APPROVAL: 1 Nancy N. Sundee Director of Human Services APPROVED AS TO FORM: John Ely C • - • ttorney k ialdef Debe MacDonald Nelson Finance Director ATTEST: STATE OF COLORADO ) ) ss. COUNTY OF \ ) s and affixed their seals the day and date indicated below. PITKIN COUNTY, COLORADO By: rC �� `�✓ e%s�-t� Chairman, Dorothea Farris Pitkin County Board of County Commissioners Mailing Address: c/o Nancy Sundeen 0405 Castle Creek Rd., # 7 Aspen, CO 81611 By: Suzanne ot nchan, Cnty Manager ASPEN YOUTH CENTER By: Director, Aspen Youth Center Mailing Address: P.O. Box 8266 Aspen, CO 81612 la lag (date) The foregoing was acknowledged before me this k1Miay of , 199, by agent for Aspen Youth Center. Witness my hand and official seal. My Commission expires: � OR /ac DO Notary Public Address 4