HomeMy WebLinkAboutbocc.con.036.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 036-2010
Originating Department/Division: Health & Human Services
Contact Person: Mitzi Ledingham 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 ^FormalOSole Source ^Emergency ~State Bid ^
Check Contract Type:
Dollar Amount: $5,000
^ S ervices/Maintenance
^License/Use
^Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
Budget Line Item/Ledger Number 113.85.00541.82191
^Employment (for county employees)
^Intergovernmental Agreement (Requires BOCC Action)
~Non-Profit
^Quasi-Public
^Grant Agreements (Requires BOCC Action)
^Change Order/Contract Amendment
ContractorBusiness Complete Legal Name: Friends of the Colorado
Avalanche Information Center (formerly Roaring Fark Avalanche Center)
Contract Execution 12/31/09 Contract End Date: 12/31/10
Automatic Renewal no Term of Contract: annual
All Contracts should be proofed for the following:
^No Pages Missing
^If a Page is Left Intentionally Blank Note on Page
~Page numbered consecutively
~All Signatures Affixed ~
~All Dates Filled In - ~
~All Other Blanks Filled In , c~
^All Exhibits Attached
^All Legal'Descriptions Attached ~it'appropriate>
~Notice of Award/Proceed Attached (~fapPropriate)
~Special Instructions for Finance Department: see grant payment worksheet
~Sent to Clerk and Recorder for Scanning/Archiving
~Authorized Staff Person's Name: Mitzi Ledingham
^Warranty, if applicable
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
Note: Clerk's Office will keep original documents in compliance with Colorado State
Archives retainage schedule.
PITKIN COUNTY
CO1~~IMUrTITY NON-PROFIT
ANNUAL GRANT AWARD
FRIENDS OF TI~ COLORADO AVALANCHE CENTER 2010
Contract Number 036-2010 Ledger Number 113.85.U0541.82191
This Grant is made as of the date last below signed between Pitkin County, herein referred to as
"County", and Roaring Fork Avalanche Center, hereafter referred to as "Agency". Whereas,
Friends of the Colorado Avalanche Center, a private non-profit agency that is at~iliated with the
Colorado Avalanche Information Center yet maintains its own 501(c) (3) status, is promoting
avatanche safety, awareness and education by providing localized avalanche and snowpack
information for the mountains of the Roaring Fork Va11ey, and whereas Pitlcin County wishes to
awazd a grant for the pravision of these services:
1. Term and Renewal of A~reement: The term of this Agreement is from January 1, 2010,
to December 31, 2Q10. At the e~iration of the initial term, the Agreement may be
extended for an additional 12 month term, with an adjustment of grant award amount as
applicable, by the express written consent of both parties.
2. Agency Obli at~ ions: Agency sha11:
a) Strictly adhere to all applica.ble federal, state and local laws or regulations that
have been or may hereafter be established.
b) Compliance with House Bill 06-1023. 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
persan who will receive a benefit, are required to verify the applicant's legal
presence in the United States. The verification o€ lawful presence requires all
applicants 18 years of age or older to:
i. Produce a valid Colorado driver's license or a Coiorado identification
card; or a United States military card or military dependent's identification
card; or a United States Coast Guard Merchant Mariner card; or a Native
American Triba1 document; and
ii. Execute an affidavit stating that applicant is a Unifed Sta.tes citizen or
legal permanent resident; or that applicant is otherwise lawfi~lly
present in the United States pursuant to Federal law.
c) Be lawfully prohibited, pursuant to Article 76.5 of Title 24, C.RS., from
providing a Federal public benefit or a state or local pt~blic benefit in violation of
paragraph (b) of this section.
i. Sta.tutory Exceptions: Excepted from this requirement are the following
types of benefits:
A. Services for children under age 18;
B. Obtaining health care items and serviees 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 trea.tment of symptoms of
communicable disease, whether or not such symptoms are caused by
immunizable diseases;
E. Prograu~s, serviees or assistance such as soup kitchens, crisis
counseling and intervention;
F. Prenatal care.
d) Compliance with House Bi1106-1343. In compliance with House Bill 06-1343,
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 Colarado, the Agency sha11 not:
i. Knowingly employ or contract with an illegal alien ta 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 Bill 06-1343 enacted by the General Assembly of the
State of Colorado:
ii. The Agency sha11 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~' Congress, as amended,
that is administered by the United States Department of Homeland
Security] that the Agency does not employ any illegal aliens and, if the
Agency is not accepted into the Basic Pilat 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 eazlier. 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 undertalee 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 subcantractor 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 witli the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (A}
of this gazagraph (e) the subcontractor does not stop employing or
contracting with the illegal aliens; except that the Agency sha11 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 coniracted with the
illegal alien.
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fj The Agency shall comply with any reasonable request by the Department of
Labor and Employrnent 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 pmvided herein.
h) Sha11 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
G~rant as tisted 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 Reha.bilita.tion Act of 1973, and Title XX
of the Social Security Act of 1975 as revised.
k) Maintain written requirements for safeguarding 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 sha11 be subject at a11 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
wha.tever is appropriate for that service within Pitkin Counry.
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 16, 2010, for the first si~c months of the
grant year.
ii. 'The second report is due January 31, 2011, for the entire period of the
grant year.
iii. The reports will include Agency's annual goals and actual results year-to-
date, as well as an explanation of any variances observed and the steps that
are be taken to address those variances.
3. Pitkin Countv's Obli at~ ions: Pitkin County shall:
a) County agrees to grant $5,000 to Friends of the Colorado Information Center, as
appmved in the County's 2010 budget, which was approved hy the Board of
County Commissioners on December 15, 2009. Grant request is to support
program to promote avalanche safety, awareness and edacation by providing
localg~ed ~valanehe and saowpack information for the monntains of the
Roaring Fork Valley.
b) The total amount of this contract sha11 not exceed $5,000 cash m~imum in 2010.
The County will ~y Agency the total amount of this grant on or before the last
3
day of March 2010. 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.
4. General Provisions
a. The Parties to this Grant intend that the relationslup between them contemplated
by the ("Jrant 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'
agenis, 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 upan the continuing availability and
appropriation of County funds for the purpose thereo£
c. This Grant constitutes the full and complete ~greement of the parties and
supersedes or incorporates any prior written and oral agreements af the parties. In
additian, 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 G•rant or to modify the terms of this C~mant on behalf of the
County. Any such C'rrant or modification to tIus Grant must be in writing and be
executed by the parties hereto.
5. DefaultlCanceliation. If Agency shall default in the performance of Agency's
Obligations pursuant to the terms of this Agreement, andJor fails to provide an accounting
or use or appropriation of monies granted in the ~nanner in whieh such accounting was
represented to the County, Agency sha11 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 (6(}) days after written notice is given from the County to Agency specifying the
nature of such def~t (or if such default cannot be cureci within the aforesaid period of
time, if the Agency shali fail to promptly commence to cure the same and to thereafter
diligentiy proceed with such cure}, County sha11 reserve the right to cancel this
Agreement and make a demand far the return of a11 monies that County determines, at its
sole discretion, were not appropriated in accordance with this Agreement. Written notice
of defauit and cancellation shall be made to Agency by first class mail, postage prepaid
and by certified mail, retum receipt requested, to the foliowing address:
Brian McCa11
President
Friends of the Colorado Avalanche Center
PO Box 11533
Aspen, CO 81612
6. Entire Agreement: This Agreement canstitutes the fu11 and complete Agreement of
the parties hereto and sha11 not be modified exeept by a written agreement signed by the
parties.
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IN WITNESS WHEREOF, the p~ties hereto have caused this Agreement to be
executed as of the latest date written below.
PITKIN COUNTY, COLORADO
BY. V ~ .vtc .~~ U ~~ ~
Nancy N. Sundeen
Director of Health & Human Services
FRIENDS OF THE COLORADO A
By: r~~eY7 ~
Brian McCa11
President
Mai~ing Address:
PO Box 11533
Aspen, CO 8I612
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