HomeMy WebLinkAboutbocc.con.076.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 076-2010
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 ^Formal ^Sole Source ^Emergency ^State Bid ^
Check Contract Tvpe:
Dollar Amount: $8,000
^ S ervices/Maintenance
^License/LJse
^Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
Budget Line Item/Ledger Number 113.85.00000.84020
^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: Windwalkers Equine
Assisted Learning and Therapy Center
Contract Execution 12/31/09 Contract End Date: 12/31/2010
Automatic Renewal no Term of Contract: Annual
All Contracts should be proofed for the following:
^No Pages Missing Q
^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 apPropr;ate)
^Notice of Award/Proceed Attached (ifappropriate)
~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
HEALTH AND ~fUMAN SERVICES
ANNUAL GRANT AWARD
WINDWALKERS EQUINE ASSISTED LEAR1vING AND T'HERAPY CENTER 2010
Contract Number 076-2010 Ledger Number _113.85.00000.84020
This Grant is made as of the date last below signed between Pitkin County, herein referred to as
"County", and Windwalkers Equine Assisted Learning and Therapy Center, hereafter referred to
as "Agency". Whereas, Windwalkers Equine Assisted Learning and Therapy Center, a private
non-profit agency, is providing equine-assisted services far families facing challenges including
phys~cal, soci~l, emorional, communicative, developmental andJor education disabilities, and
whereas Pitkin Conmy wishes to award a grant for the provision of these serviees:
Term ~nd Renewal of Agreement: The term of this Agreement is from January 1, 2010,
ta December 31, 2010. At the expiration of the initial term, the Agreement rnay be
extended for an additional 12 month term, with an ad}ustment of grant award amount as
applicable, by the express written consent of both parties.
2. A~enc„y Obli atg ions: Agency shall:
a} Strictly adhere to all applicable federal, state and local laws or regulations that
have been or may hereafter be estahlished.
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
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 card or miiitary dependent's identification
c~,rd; or a United States Coast Guard Merchant Mariner card; or a Native
American Tribal document; and
ii. Execute an~davit stating that applicant is a United States citizen or
legal p~rm~.tient resident; or that ag~].i~ant..~.:a~ben~vis~ la~vfully
present in the United States purs~ant to Feder~l 1avv.
c) Be lawfully prohibited, pursuant to Article 76.5 of Title 24, C.R. S., from
providing a Federal public benefit or a state ar 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 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 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 are caused by
immunizable diseases;
E. Programs, services ar assistance such as soup kitchens, crisis
counseling and intervention;
F. Prenatal care.
d} Compliance with House Bi1106-1343. In cornpliance with House Bi1106-1343,
amending Title 8 of the Calorado Revised Statutes hy the addition of Article 17.5,
Illegal Aliens-Puhlic Contract for Services, enaeted hy the General Assemhly of
the State of Colorado, the Agency shall not:
i. Knowingly employ or contract with an illegal alien to perform work under
this eontract, or;
ii. Enter into a contract with a suhcontractor 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 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 af Homeland
Security] that the Agency daes 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 Pi-ogram
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 da.ys 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 subparagaph (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 nat knowingly employed or contracted with the
illegal alien.
fl The Agency shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the
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Department of Labor and Employment is undertaking pursuant to the authority
estahlished 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 he suhject to the requirements of the
Grant as listed here, and the Agency is responsible for the performance of any
subcontractor.
j) Abide hy all applicahle provisions of the Title VI and VII of the Federal Civil
Rights Act of 1964, Section 504 of the Rehahilitation Act of 1973, and Title ~
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 pragram records, fiscal records, documentation and other
records relevant to this Grant for the duration of tl~e grant plus six years. The
above shall he suhject 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 wark in
Pitkin County served by the Agency's program(s).
i. The first report is due August 16, 2010, for the first six months af the
grant year.
ii. The second report is due January 31, 201 l, 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 e~lanation of any variances observed and the steps that
are be taken to address those variances.
3. Pitkin County's Obli ations: Pitkin County shall:
a) County agrees to grant $8,000 ta Windwalkers Equine Assisted Learning and
Therapy Center as approved in the County's 2010 budget, which was approved by
the Board of County Commissioners on Decemher 15, 2009. Grant request is to
support equine-assisted services for families facing challenges including
physical, social, emotional, communicative, developmental and/or education
disabilities.
b~ The total amount of this contract shall not e~ceed $8,000 cash ma~mum in 2010.
The County will pay Agency the total amount of this grant on or hefore the last
day of March 2010. Payrnent is contingent upon receipt of mutually agreed upon
Performance ~Ieasures 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 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.
h. Payment pursuant to the Crrant, if in County, State or Federal funds, whether in
whole or in part, is sub}ect to and cantingent 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 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 hy the parties hereto.
5. DefaultlCancellation. 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 hy 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 ta 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:
Molly Robison
Executive Director
Windwalkers Equine Assisted Learning and Therapy Center
3059 CR 103 Unit 3
Carbondale, CO 81623
6. Entire eement: This Agreement constitutes the full and complete Agreement of the
parties hereto and shall not he modified except by a written agreement signed by the
parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the latest date written below.
PITKIN COUNTY, COLORADO
By: ~~y ~ U~-- v
Nancy N. Sundeen
Director of Health & Human Services
_ L ~ _
Date
WINDWALKERS EQUINE ASSISTED LEARNING AND THERAPY CENTER
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B / ' / ~~l y ~-I ~-~i ) C~
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Molly
Executive I3irector
Mailing Address:
3059 CR 1Q3 Unit 3
Carbondale, CO 81623
1 ' Date
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