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HomeMy WebLinkAboutbocc.con.041.2010CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #:ov~-2oio 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 ^Formal ^Sole Source ^Emergency ~State Bid ^ Check Contract Type: Dollar Amount: $300 ^ S ervices/Maintenanc e ^License/Use ^Lease ^Construction ^Goods, Equipment, Supplies ^Other (e.g. revenue) ContractorlBusiness Project Graduation Contract Execution 12l31l09 Automatic Renewal Budget Line Item/Ledger Number 113.85.00541.82163 ^Employment (for county employees) ^Intergovernmental Agreement (Requires BOCC Action) ~Non-Profit ^Quasi-Public ^Grant Agreements (Requires BOCC Action) ^Change OrderlContract Amendment Complete Legal Name: Aspen High School Contract End Date: 12J31J10 Term of Contract: Annuall 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 ^All Exhibits Attached ^All Legal Descriptions Attached (if appropriate) ONotice of Award/Proceed Attached (it'appropr~ate) ~Special Instructions for Finance Department: see grant payment worksheet ^Sent to Clerk and Recorder for ScanninglArchi~ing ~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. ~^~ 26 10 07: 35a ^~~~ . ~~~ ' ~~~~ Retirement Planning 970-922-22z1 P- 1 PITKIN COUNTY ~ CO1~~VICT1vITY NON-PROFIT PARTNERSHIP GRANT AWARD ASPEN HIGH SCHOOL PROTECT GRADUATION. 2010-2012 Contract Num.ber oHl - 2010 Ledger Number _ 113.85.00541.82163 This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and Aspen High School Project Crraduation, hereafter referred to as "Agency". Whereas, Aspen High School Project Graduation, a private non-profit agency, is providing a safe, drug-free and alcohol-free gradua.tion night event, and whereas Pitkin County wishes to award a graut for the provision of these services: 1. Term and Renewal of A~reement: Absent any tertnination for cause under para.graph 5 of the Agreement, the term of this Agreement shall continue for a period of three years, subject to budget appropriation, compliance with contract obligations, and Board of County Commissioners approval each year. 2. A~encv Obli atg ions; Agency shall: a) Strictly adhere to all applicable federal, state and local ]aws or regulations that have been or may hereafter be established. b) Compliance with House Bi1106-1023. Perform the following verifica.tions to comply with House Bi1106-1U23: 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 ve~cation 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 5tates military card or military dependent's identification cazd; or a United States Coast Guard Merchant Mariner card; or a Native American Tribal docwment; 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 Uruted States pursuant to Federallaw. c) Be lawfully prohibited, pursuant to Article 76.5 of Tifle 24, C.RS., from providing a Federal public benefit or a sta.te or local public benefit in violation of paragraph (b) of this section. i. Statutory Exceptions: Excepted from this requirement are the following types of benefits: A. Services for children un.der age 18; B. Obtaining health care items and services necessary for treatment of an emergen¢y medical condition of the persnn involved and not related to an organ transplant; C. Short-term, in-kind, non-cash emergency disaster relief; D. Public health assistance for imi.nunizations, with respect t~ immunizable diseases and for testing and treatment of symptoms of e6 26 10 07:35a Retirement Planning 970-922-2Z21 p.2 cammunicable disease, whether or not such symptoms are caused by immunizable diseases; E. Programs, services or assistance such as soup kitchens, crisis coun.seling and intervenrion; F. Prenatal care. d) Compliance with House Bill 06-1343. In compliance with House Bill 06-1343, amending Title 8 of the Colorado Revised Sta.tutes 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: r. Knowingly employ or contract with an illegal alien to perform work under this contract, or; ii. Enter into a conh~act 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: u. 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, I08~' Congress, as amended, that is administered by the United States Departi.nent of Homeland Security] that the Agency does not employ any illegal aliens azad, if the Agency is not accepted inta 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 tbis contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Progrann is discontanued. iii. The Agency shall be prohibited frorn 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 subconttactor performing work under this contract knowingly employs or contracts with an illegal alien, the Agency shall be requi~red to: A. Notify the subcontrac#or and the County within three days that the Agency has actval knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Ternunate the subcontract with the subcontractor if within thxee 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 A,gency shall not terminate the contract with the subcontractor if during such three days the subcontractor provides infornnation to esta.blish that the subcontractor has not knowingly employed or cantracted with the illegal alien. fl The Agency shatl comply with any reasonable request by the Department of Labor and Employment mad.e in the course of an. investigation that the ~ Feb 26 10 07:35a Retirement Planning 970-922-z221 P.3 Department of Labor and Employnnent is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. g) Hold and mai.ntain 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 Crrant as listed here, and the Agency is responsible for the performance of any subcontractor. j) Abide by all applica.ble 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 af the Social Security Act of 1975 as revised. k) Maintain written requirements for safeguazding client information and comply with the same. I) Maintain service program records, fiscal records, documentation and other records relevant to tbis Grant for the duration of the grant plus suc yeazs. 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. 3. Pitkin Countv's Obli a~ions: Pitkin County shall: a) County agrees to grant $300 to Aspen High School Project Graduation, as approved in the County's 2010 budget, which was approved by the Board of Counry Commissioners on December I5, 2009. The grant is to support a safe, drug-free and alcohol-free graduation night event. The total amount of this contract shall not exceed $300 cash maximum in 2010. The County will pay Agency the total amount of this grant on or before the Iast day of March 2010. As a Partnership grantee, continued fundin~ for 2011 is subj ect 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, e~nployees, 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 o and contingent upon the continuing availability and appropriation of County funds for the purpose thereof. ~ . . _.__ eb 26 10 07:35a Retirement Planning 970-922-Z221 P.4 c. This Grant constitutes the full and complete agreement of the parties and snpersedes 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 ~nter into a Grant or to modify the terms of this Grant on behalf of the County. Any such C'mant or modification to this Grant must be in writing and be executed by the parties hereto. 5. Defaul~/Cancellation. If Agency shatl default in the performance af 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 ihe manner in which such accountin~ was represented to the Couniy, Agency shal] 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 n~tice is given &om ihe 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 comrnence 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 a11 monies that Couniy detenmines, 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, pasta.ge prepaid and by certified ma.il, return receipt requested, to the following address: Aspen High School Project Graduation c/o Patrice Thomas 235 High School Rd Aspen, CO 81611 6. Entire A~reement: This Agreement constitutes the fiiIl and complete Agreement of the parties hereto and shall not be mod~ed 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: ~~.,,~~ U~.~~~,~.Q2 ~ Nancy N. Sundeen Director of Hea.lth & Hunnan Services - ~ Zo ~ ~ Date a Feb z6 10 07:35a Retirement Planning 970-92z-2221 p.5 ASP~N HIGH SCHOOL PROJECT GRADUATION By;~ . ,\, _~: ~- -.:~;...,~1_\-~.~;~ ~ _, - ~~~,, - \ ~; Patrice Thomas -' Date Mailing Address: Aspen High School Project Gra.dua.tion c/o Patrice Thornas 0335 High School Road Aspen, CO 81611 ~