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Home My WebLink Aboutbocc.con.042.2010CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANI~TING/ARCHIVING CONTRACT #: 042-2010 ORIGINATING DEPARTMENT/DIVISION: Health and Human Services CONTACT PERSON: Mitzi Ledingham PHONE #: 970-920-5766 PROJECT NAME: Healthy Community Fund Grant Programs ^ BOCC AGENDA ITEM ~STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ^ Over $50,000 (Requires County Manager's Signature) / CHECK PROCUREMENT TYPE: ~None ^Informal ^Formal ^Sole Source ^Emergency ^State Bid ^ ^Compliance with House Bills 06-1343 and 07-1073 - Immigration Form (iJnder $10,000, Letters of Engagement, etc ~DOLLAR AMOUNT: $2,500 BUDGET LINE ITEM/LEDGER NUMBER: / CHECK CONTRACT TYPE: ^Services/Maintenance ^Employment (for county employees) ^License/Use ^Intergovernmental Agreement (Requires BOCC Action) ^Lease ~Non-Profit ^Construction ^Quasi-Public ^Goods, Equipment, Supplies ^C'rrant Agreements (Requires BOCC Action) ^Other (e.g. revenue) ^Change Order/Contract Amendment CONTRACTOR: COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Snowmass Western Heritage Association Contract Execution Date:12/31/09 Contract End Date: 12/31/2010 Automatic Renewal: ^Yes ^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 / ^All Exhibits Attached /^HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP andlor Contract / ^All Legal Descriptions Attached (if applicable) / ONotice of Award/Notice to Proceed Attached (if applicable) / ^Warranty (if applicable) /~Special Instructions for Finance Department: see grant payment worksheet /~Sent to Clerk and Recorder for Scanning/Archiving /~Authorized Staff Person's Name: Mitzi Ledingham BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. 20 10 07:52p ~ ++~ S`°`' _~1Gfi a5SOG1A Presenters of the SraIIw~xss FiaaEa Board of Directors Tom YoCUm Presidenf Jim 8enson John Canning Paul Dioguardi Jim Finn Alex Kalias Chris Kelly Jim Rathell Greg Rulon Marty Schlumberger Boone Schweitzer Jim 5nyder Barb Yocum Jim Rathell 970-963-4762 p.l ~+•~~~~~~ ~~~~.NS ~~~~~~ ~~~~A~~++ P.O. Box 5745 i~ Snowmass Village ~ Colorado 81615 t! 970-923-8898 wwwsnowmass rod eo.o~g ~ , . _ ~~ , ~ -, , , c ,' G t-v ~ ~-~ ~-t~.wL ; ~ ~i <~ ~' - .s.5 s~ ,~ ~i ~ ~ , 1/~Yl, . ~'41}r~~ ~~ ~ Snowmass Western Heritage Association is a tax-exempt 501(c)(3) (EIN 90-0138524) nonprofit organization that strives to preserve and enhance the western heritage and character of Snowmass Village and the Roaring Fork Valley. Feb 20 10 07:53p Jim Rathell 970-963-4762 p.2 PITKIN COUNTY COMMUNITY NON-PROFIT ANNUAL GRANT AWARD Snowmass Western Heritage Association 2010 Contract Number 042-2010 Ledger Number This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and Snowmass Western Heritage Association, hereafter referred to as"Agency". Whereas, Snowmass Western Heritage Association, a private non-prof t agency, is ensuring the production of the Snowmass Rodeo, which serves to preserve our ranching history for locals and visiting families and whereas Pitldn County wishes to awazd a grant for the provision of these services: 1. Term and Renewal of A~reement: The term of this Agreement is from January 1, 2010, to December 31, 2010. At the expiration 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. A~encv Obligations: Agency sha11: a) Strictly adhere to all applicable federal, staxe and local laws or regulations that have been or may hereafter be established. b) Compliance with House Bi1106-1023. Perform the following verifications to coznply 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 fzom 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 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 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 para~raph (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 care items and services necessary for treatment of an emergency medical condition of the person involved and not related to an organ transplar~t; C. Short-term, in-kind, non-cash emergency disaster relief; Feb 20 10 07:53p Jim Rathell 970-963-4762 p.3 D. Public health assistance for immunizations, with respect to immunizable diseas~s and for testing and treatment of symptoms of communicable disease, whether or not such symptoms aze caused by immunizable diseases; ~. 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 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 Colorado, the Agency shall not: i. Knowingly employ or contract with an illegal alien to perfozm 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 ernploy or contract with an illegal alien to perform work under this contract. e) In compliance with I~ouse Bill 06-1343 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~' 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 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 eazlier. This provision sha11 not be required or effective if the Basic Pilot Program is discontinued. iii. The Agency shall be prohibited from usin~ Basic Pilot Program procedures to undertake pre-employment screening of job appiicants while this contract is being perforzned. 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. Tern~unate 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 ernploying 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. Feb 20 10 07:53p Jim Rathell 970-963-4762 p.4 ~ The Agency shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Depa~l.iment 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 #he 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) Subeontracts utilized by the Agency sha11 be subject to the requirements of the Grant as listed here, and the Agency is responsible foz the performance of any subcontractor. j) Abide by a11 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 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 yeazs. The above shall be subject at all reasonable times to inspections, review or audit by Federal, State or County personnel, and other persons authori2ed m 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 andlor work in Pitkin County served by the Agency's program(s). i. The first report is due August 16, 2010, for the first six months of the grant year. ii. The second report is due January 31, 201 I, for the entire period of the grant year. iii. The reports will include Agency's annual goals and actual results year-to- daxe, as well as an explanation of any vaziances observed and the steps that are be taken to address those variances. 3. Pitlcin County's Obli a~s: Pitkin County sha11: a) County agrees to grant $2,500 to the Snowmass Western Heritage Association, as approved in the County's 2010 budget, wluch was approved by the Board of County Commissioners on December 15, 2009. Grant request will help ensure tbat the Snowmass Western Heritage Association continues to produce the Snowmass Rodeo, which serves to preserve our ranching history for locals and visiting families. b) The total amount of this contract sha11 not exceed $2,500 cash maxinnu.m in 2010. The County will pay Agency the total amount of this gtant on or before the last Feb 20 10 07:54p Jim Rathell 970-963-4762 p.5 day of March 2010. Payment is contingent upon receipt of 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 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 Crrant. 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 n~ County official or employee, other than lhe 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. 5. 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 ta the County, Agency shall have the right to cure said default after wzitten notice by the County of the default to Agency. If Agency fails to cure such default within sixty (60) days aftez 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 A~ency 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 morues 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: Chris Kelly Executive Director Snowmass Westem Heritage Association PO Box 5745 Snowmass Village, CO 81615 Feb 20 10 07:54p Jim Rathell 970-963-4762 p.6 6. En.tire 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.~..a V~--~-_. '' J ~` Nancy N. Sundeen Director of Health & Human Services SNOWMASS By: L!'i'L G~ Chris Kelly '1. HERITAGE ASSOCIATION -L5_ Date '~~/~~ Executive Director Taxpayer ID Number _ ~U - ~J ~ :3 ~. ~j~~ ~ Mailing Address: PO Box 5745 Snowmass Village, CO 81615