HomeMy WebLinkAboutbocc.con.021.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 021-loos
Originating DepartmenUDivision: Health & Human Services
Contact Person: Susan Berdahl Phone #: 920-5766
Project Name: Healthy Community Fund Grant Programs
^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE
(BOCC signature required) (per Revised Procurement Code 7/2005)
Check procurement type:
®None ^Informal ^Fonnal ^Sole Source ^Emergency ^State Bid ^
Check Contract Tvoe:
Dollar Amount: $15,697 Budget Line Item/Ledger Number 113.85.00541.82170
es/Maintenance ^Employment (for county employees)
~e/CTse ^Intergovernmental Agreement (Requires BOCC Action)
®Non-Profit
ruction ^Quasi-Public
~, Equipment, Supplies ^Grant Agreements (Requires BOCC Action)
(e.g. revenue) ^Change Order/Contract Amendment
Contractor/Business Complete Legal Name: Independence Pass
Foundation
Contract Execution 12/31/07 Contract End Date: 12/31/08
Automatic Renewal Term of Contract: 2 years if in compliance;
annual BOCC approval
All Contracts should be proofed for the following:
®No Pages Missing
^If a Page is Left Intentionally Blank -Note on Page
®Page numbered consecutively
Signatures Affixed
Dates Filled In
Other Blanks Filled In
Exhibits Attached
Legal Descriptions Attached (if appropriate)
ice of Award/Proceed Attached (ifappropriate)
~cial Instructions for Finance Department: see grant payment worksheet
I to Clerk and Recorder for Scanning/Archiving
Staff Person's Name: Susan Berdahl
^Warranty, if applicable
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
PITKIN COUNTY
COMMUNITY NON-PROFIT
PARTNERSHIP GRANT AWARD
INDEPENDENCE PASS FOUNDATION. 2008-2009
Contract Number 021-2008 Ledger Number //,3, b5' OG.Sz//. ~a/~t~
This Grant is made as of the date last below signed between Pitkin County, herein referred to as
"County", and Independence Pass Foundation, hereafter referred to as "Agency". Whereas,
Independence Pass Foundation, a private non-profit agency, promotes and protects the
geological, biological and historical integrity of the Independence Pass corridor for the safety
and enjoyment of all who use the Pass, and whereas Pitkin County wishes to award a grant for
the provision of these services:
1. Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of
the Agreement, the term of this Agreement shall continue for a period of two years,
subject to budget appropriation, compliance with contract obligations, and Board of
County Commissioners approval each yeaz.
2. Agencv Obligations: Agency shall:
a) Strictly adhere to all applicable federal, state and local laws or regulations that
have been or may hereafter be established.
b) Compliance with House Bi1106-1023. Perform the following verifications to
comply with House Bill 06-1023: Grantees who provide a benefit to persons over
the age of 18 years of age and which require an individual application from the
person who will receive a benefit, are required to verify the applicant's legal
presence in the United States. The verification of lawful presence requires all
applicants 18 yeazs of age or older to:
i. Produce a valid Colorado driver's license or a Colorado identification
cazd; or a United States military card or military dependent's identification
card; or a United States Coast Guard Merchant Manner card; or a Native
American Tribal document; and
ii. Execute an affidavit stating that applicant is a United States citizen or
legal permanent resident; or that applicant is otherwise lawfully
present in the United States pursuant to Federal law.
c) Be lawfully prohibited, pursuant to Article 76.5 of Title 24, C.R.S., from
providing a Federal public benefit or a state or local public benefit in violation of
pazagraph (b) of this section.
i. Statutory Exceptions: Excepted from this requirement are the following
types of benefits:
A. Services for children under age 18;
B. Obtaining health Gaze items and services necessary for treatment of an
emergency medical condition of the person involved and not related to
an organ transplant;
C. Short-term, in-kind, non-cash emergency disaster relief;
D. Public health assistance for immunizations, with respect to
immunizable diseases and for testing and treatment of symptoms of
communicable disease, whether or not such symptoms are caused by
immunizable diseases;
E. Programs, services or assistance such as soup kitchens, crisis
counseling and intervention;
F. Prenatal care.
d) Compliance with House Bi1106-1343. In compliance with House Bi1106-1343,
amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5,
Illegal Aliens-Public Contract for Services, enacted by the General Assembly of
the State of Colorado, the Agency shall not:
i. Knowingly employ or contract with an illegal alien to perform work under
this contract, or;
ii. Enter into a contract with a subcontractor that fails to certify to the
Agency that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
e) In compliance with House Bi1106-1343 enacted by the General Assembly of the
State of Colorado:
ii. The Agency shall verify or attempt to verify through~articipation in the
Basic Pilot Program [created in Public Law 208, 104 Congress, as
amended and expanded in Public Law 156, 108`h Congress, as amended,
that is administered by the United States Deparhnent of Homeland
Security] that the Agency does not employ any illegal aliens and, if the
Agency is not accepted into the Basic Pilot Program prior to entering into
this contract, the Agency shall apply to participate in the Basic Pilot
Program every three months until the Agency is accepted or this contract
has been completed, whichever is earlier. This provision shall not be
required or effective if the Basic Pilot Program is discontinued.
iii. The Agency shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while
this contract is being performed.
iv. If the Agency obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal
alien, the Agency shall be required to:
A. Notify the subcontractor and the County within three days that the
Agency has actual knowledge that the subcontractor is employing
or contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (A)
of this paragraph (e) the subcontractor does not stop employing or
contracting with the illegal aliens; except that the Agency 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 the
illegal alien.
f) The Agency shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the
Department of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. § 8-17.5-102.
g) Hold and maintain for the term hereof the necessary licenses(s) as specified under
State law, which permits the performance of the service(s) to be provided herein.
h) Shall maintain an affordable sliding-fee scale schedule for its services in order to
accommodate low-income individuals.
i) Subcontracts utilized by the Agency shall be subject to the requirements of the
Grant as listed here, and the Agency is responsible for the performance of any
subcontractor.
j) 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.
k) Maintain written requirements for safeguazding client information and comply
with the same.
1) Maintain service program records, fiscal records, documentation and other
records relevant to this Grant for the duration of the grant plus six 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.
m) Provide the services at the location as shown as the address of the Agency or
whatever is appropriate for that service within Pitkin County.
n) Provide the service(s) described herein at a cost not greater than chazged to other
persons.
o) Provide semi-annual Performance Measure reports and Financial Reports. These
reports will include the number of unduplicated clients who live and/or work in
Pitkin County served by the Agency's program(s).
i. The first report is due August 15, 2008, for the first six months of the
grant year.
ii. The second report is due January 31, 2009, for the entire period of the
grant year.
iii. The reports will include Agency's annual goals and actual results yeaz-to-
date, as well as an explanation of any variances observed and the steps that
aze be taken to address those variances.
Pitkin Countv's Obli ations: Pitkin County shall:
a) County agrees to grant $15,697 to Independence Pass Foundation, as approved in the
County's 2008 budget, which was approved by the Boazd of County Commissioners
on December 19, 2007. The grant is to support the general operating costs of
restoring the ecological integrity and natural beauty of the slopes, embankments
and vegetation zones of the Pass, which were damaged by the creation of
Highway 82, and ecological education programs for Roaring Fork Valley
students.
b) The total amount of this contract shall not exceed $15,697 cash maximum in 2008.
The County will pay Agency the total amount of this grant on or before the last day of
Mazch 2008. Payment is contingent upon receipt of mutually agreed upon
Performance Measures and satisfactory semi-annual reports as outlined in section
2(0) of this contract. The return of a completed contract is required in order to receive
payment.
c) As a Partnership grantee, continued funding for 2009 is subject to budget
appropriation, compliance with contractual obligations, and the Board of County
Commissioners approval each year.
4. General Provisions
a. The Parties to this Grant intend that the relationship between them contemplated
by the Grant is that of independent agency. No agent, employee, or servant
Agency will be solely and entirely responsible for its acts and the act of its'
agents, employees, servants and subcontractors during the performance of the
Grant.
b. Payment pursuant to the Grant, 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.
c. This Grant constitutes the full and complete agreement of the parties and
supersedes or incorporates any prior written and oral agreements of the parties. In
addition, Agency 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 Grant or to modify the terms of this Grant on behalf of the
County. Any such Grant or modification to this Grant must be in writing and be
executed by the parties hereto.
Default/Cancellation. If Agency shall default in the performance of Agency's
Obligations pursuant to the terms of this Agreement, and/or fails to provide an accounting
or use or appropriation of monies granted in the manner in which such accounting was
represented to the County, Agency shall have the right to cure said default after written
notice by the County of the default to Agency. If Agency fails to cure such default within
sixty (60) days after written notice is given from the County to Agency specifying the
nature of such default (or if such default cannot be cured within the aforesaid period of
time, if the Agency shall fail to promptly commence to cure the same and to thereafter
diligently proceed with such cure), County shall reserve the right to cancel this
Agreement and make a demand for the return of all monies that County determines, at its
sole discretion, were not appropriated in accordance with this Agreement. Written notice
of default and cancellation shall be made to Agency by first class mail, postage prepaid
and by certified mail, return receipt requested, to the following address:
Mark Fuller
Executive Director
Independence Pass Foundation
PO Box 1700
Aspen, CO 81612
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6. Entire Agreement: This Agreement constitutes the full and complete Agreement of the
parties hereto and shall not be modified except by a written agreement signed by the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the latest date written below.
PITKIN COUNTY, COLORADO
By: (~C~v~t.~ V~ j ~
Nancy N. Sundeen
Director of Health & Human Services
INDEPENDENCE PASS FOUNDA
Executive Director
Mailine Address:
PO Box 1700
Aspen, CO 81612
Mark Fuller
Date
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