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HomeMy WebLinkAboutbocc.con.023.2008CLERK'S CHECKLIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 023-loos Originating Department/Division: 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 Tvpe: Dollar Amount: $9,270 Budget Line Item/I,edger Number 113.85.00541.82169 (for county employees) rental Agreement (Requires BOCC Action) ,, Equipment, Supplies ^Grant Agreements (Requires BOCC Action) (e.g. revenue) ^Change Order/Contract Amendment ContractorBusiness Complete Legal Name: Roaring Fork Outdoor Volunteers 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 ~PaQe numbered consecutively Signatures Affixed Dates Filled In Other Blanks Filled In Exhibits Attached Legal Descriptions Attached (if appropriate) ice ofAward/Proceed Attached (itappropriate) :cial Instructions for Finance Department: see grant payment worksheet 1 to Clerk and Recorder for Scanning/Archiving ®Authorized Staff Person's Name: Susan Berdant ^Warranty, if applicable BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. ~ Q~~, PITKIN COUNTY COMMUNITY NON-PROFIT PARTNERSHIP GRANT AWARD Contract Number v 023-2008 Ledger Number //3. l . 6GSzf/. ~a/~ This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and Roaring Fork Outdoor Volunteers, hereafter referred to as "Agency". Whereas, Roaring Fork Outdoor Volunteers, a private non-profit agency, promotes and provides opportunities for the citizens of the Roaring Fork community to participate in volunteer outdoor projects dedicated to the enhancement and maintenance of public land, and whereas Pitkin County wishes to awazd 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 Obli¢ations: 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 Bi1106-1023: 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 years of age or older to: i. Produce a valid Colorado driver's license or a Colorado identification card; or a United States military cazd or military dependent's identification cazd; or a United States Coast Guazd Merchant Mariner card; or a Native American Tribal document; and ii. Execute an affidavit stating that applicant is a United States citizen or legal pennanent 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 paragraph (b) of this section. i. Statutory Exceptions: Excepted from this requirement aze the following types ofbenefits: A. Services for children under age 18; B. Obtaining health caze 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 aze 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 participation in the Basic Pilot Program [created in Public Law 208, 104` Congress, as amended and expanded in Public Law 156, 108"' Congress, as amended, that is administered by the United States Depaztment 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 subpazagraph (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 Deparhnent 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 charged 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, aswell as an explanation of any variances observed and the steps that are be taken to address those variances. 3. Pitkin County's Obli atg ions: Pitkin County shall: a) County agrees to grant $9,270 to Roaring Fork Outdoor Volunteers, 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 operations costs of Roaring Fork Outdoor Volunteers to promote stewardship of our public lands by creating volunteer opportunities for trail work and conservation projects. b) The total amount of this contract shall not exceed $9,270 cash maximum in 2008. The County will pay Agency the total amount of this grant on or before the last day of March 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 Boazd 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. DefaulUCancellation. 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: David Hamilton Executive Director Roaring Fork Outdoor Volunteers PO Box 1341 Basalt, CO 81621 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: V~O~-"~wl~ ,.1 y~--2-~ ~~ Nancy N. Sundeen Director of Health & Human Services lZ-3l- G~ llate ROARING OnnRK OUTD VOLUNTEERS David Ha ilton Date Executive Director Mailing Address: PO Box 1341 Basalt, CO 81621