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HomeMy WebLinkAboutbocc.con.026.2001 STAFF AUTHORIZED SIGNATURE PITKIN COUNTY CONTRACT# ell COMMUNITY RELATIONS PURCHASE OF SERVICE CONTRACT HEALTHY MOUNTAIN COMMUNITIES,2001 THIS CONTRACT, is made as of the date last below signed between Pitkin County herein referred to as "County", and Healthy Mountain Communities, hereafter referred to as "Contractor". Whereas, Healthy Mountain Communities fosters regional connections and solutions to improve the quality of life in the Roaring Fork and Colorado River valleys: 1. Term. Subject to its other provisions, the term of the Contract shall be from 1 st day of January 2001,through the 31 st day of December 2001 2. Contractor's Obligations. Contractor shall a) Strictly adhere to all applicable federal, state, and local laws or regulations (including County Procurement Code) that have been or may hereafter be established. b) 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. c) 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. d) 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. the same. e) 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. Required Clauses are attached hereto, herein referred to as Addendum A. f) 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. g) 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. h) Provide the service(s) described herein at a cost not greater than charged to other persons. i) Provide a semi-annual PROGRESS REPORT on services provided. 3. Pitkin County's Obligations. Pitkin County shall: a.) County agrees to purchase and Contractor agrees to furnish the following services hereinafter referred to as "Purchased Services": To support the continuing work of developing regional solutions to community problems b.) County agrees to purchase these services for the following targeted groups: The community of the Roaring Fork Valley c.) County agrees to pay as services are provided as follows: $8,000 cash toward general operating costs. The total amount of this one-time contract shall not exceed $8,000 maximum. The County will pay contractor the full amount of this contract on or before the last day of March 2001. 4. Cancellation. Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor. 5. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification, are attached hereto and incorporated by this reference. (Addendum A) 6. General Provisions. a) 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. b) 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. c) 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. d) 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 Community Relations Director. The Contractor's contact person for this contract shall be the Healthy Mountain Communities' Director. 2 e) 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. 8. Assignablility. This agreement is not assignable by either party. 9. Notice. Any written notice required by this Agreement shall be hand delivered, faxed or sent first class mail, postage prepaid as follows: a. To Pitkin County: b. To Contractor: Connie Overton, Contract Manager Colin Laird 0405 Castle Creek Road, Suite 7 PO Box 1582 Aspen, CO 81611 Carbondale, CO 81623 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed a WHEREFORE, the parties have herein set their hands and affixed their seals the day and date indicated below. SIGNED this day of 92001. RECOMMENDED FOR APPROVAL: \� VA� -') Nancy N. Sundeen Director of Community Relations APPROVED AS TO FORM: John Ely Coun Debe MacDonald Nelson Finance Director PITKIN COUNTY, COLORADO y. r ZI Hilary Smith ounty Manager HEALT Y MOUNTA OM NITIES By: Colin Laird (date) Healthy Mountain Communities Mailing Address: PO Box 1582 Carbondale, CO 81623 ATTEST: STATE OF COLORADO ) )ss. COUNTY OF _) ,The foregoing was acknowledged before me this,,day of�, 2001, by ~ _, agent Healthy `M'ountain Communities. Witness �VYINan 1 seal. Z' ��� o j$ 0 ��I 1 �C� �� Notary Public . o S�tE OFGo� Address My Commissio ►res: My Exp res 10/3/01 4