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HomeMy WebLinkAboutbocc.con.078.2010CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCAN1vING/ARCHIVING CONTRACT #: 078-2010 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 (Under $10,000, Letters of Engagement, etc DOLLAR AMOUNT: $16,480 BUDGET LINE ITEM/LEDGER NUMBER: / CHECK CONTRACT TYPE: ^ Service s/Maintenance ^License/iJse ^Lease ^Construction ^Goods, Equipment, Supplies ^Other (e.g. revenue) ^Employment (for county employees) ^Intergovernmental Agreement (Requires BOCC Action) ~Non-Profit ^Quasi-Public ^Grant Agreements (Requires BOCC Action) ^Change Order/Contract Amendment CONTRACTOR: COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Colorado West Psychiatric Hospital Contract Execution Date:12/31/09 Automatic Renewal: ^Yes ~No . Contract End Date: 12/31/2012 Term of Contract: 3 year partnership U~ ~ 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 and/or 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. PITKIN COUNTY HEALT~i AND HUMAN SERVICES PARTNERSHIP GRANT AW.ARD Colorado West Psvchiatric Hosnital. 2010-2012 Contract Number _ 078-2010 Ledger Numbe~ This Graut is made as of the date last below signed between Pitkin County, herein referred to as "County", and Colorado West Psychiatric Hospitai, hereafter referred to as "Agency". Whereas, Colorado West Psychiatric Hospital, a pnivate non-profit agency, is providing psychiatric inpatiemt services for Pi#kin County residents, and whereas Pitkin County wishes to cantract for provision of these services : 1. Term and Re~a.ewal of A~ent: Absent any termination for ca.use under paragraph S of the Agreement, the term of this Agreement sha11 continue for a period of three years, subject to budget appropriation, compliance with contra.ct obligations, and Board of County Commissioners approval each year. 2. A~ency Obli ag tioas: Agency sha11: a) Strictly adhere to all applicable federal, sta.te and local laws or regulations that have been or may b~ereafter be established. b} Compliance with House Bi1106-I023. Perform the following verifications to comply with House Bi1106-1023: Grantees who provide a benefit to persons over ~.e age of 18 years of age and which require an individual application from the person who will receive a benefit, aze required to verify the applicant's legal presence in the United Sta.tes. The verificarion of Iawful presence requires atl applicants 18 years of age or older to: i. Produce a valid Colorado driver's license or a Colorado identification eard; or a United. States military caz~d or military dependent's identification card; or a United Sta.tes Coast Guard Merchant Mariner caxd; ox a Native Ameri~ca~a Tn1~a1 document; and ii. Execute an affidavit stating tha.t applicant is a United States citizen or legal. permanent resident; or that applicant is otherwise lawfully present in the UYtited Sta.tes pursuant to Federal Iaw. c} Be lawfi~]ly prohibited, pursuant to Artiele 76.5 of Title 24, C.R.S., from pmviding a Federal public benefit or a state 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 under age 18; B. Obtaining health care items and services necessary for treatxz~ent of an emergency medical condition of the person involved and not related to an organ transplant; C. Short-ter~n, in-kind, non-cash emergency disaster reiief; D. Public health assistance for irnmunizations, with respect to immunizable diseases and for testing and treatment of symptoms of communicable disease, whether or not snch sytnptoms are caused by immwt~i.zable diseases; E. Programs, services or assistance such as soup kitchens, crisis coun.seling and intervention; F. Prenatal care. d) Compliance with House Bi1106-1343. In co~ipliance 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 foz Services, e~iacted by the Gene~ral Assexnbly of tb~e State o£Colorado, the Agency shall not: i. Knowingly employ or contract with an illegal. alien to perform work under this contract, or; ii. Enter into a contxact with a subcontrac~tor tha# fails to certify to the Agency that the subcontxactor shall no~t lc~aowingly employ oz contract vv~ith an illegal alien to perform wozk Lmder this contract. e) In compliance with House Bi1106-1343 enact~ed by the General Assembly of the State of Colozado: ii. The Agency shall vez~ify or attempt to ve~rify thirough participation in the Basic Pilot Program [created in Public; Law 208, 104~' Congress, as amended and expauded in Public Law 156,108~' Congress, as amended, that is administer~d by the United Stat.es Departrnent of Homeland Security] tha.t 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 sball apply t~~ participate in the Basic Pilot Program every three months until the .Agency is accepted or this contract has been completed, whichever is earl:ier. This provision sha11 not be required or effective if the Basic Pilot Program is discontinued. iia. The Agency shall be prolu~bited from using Basic Pi1ot Progra.m procedures to underta.ke pre-employmez~t screerzing of job applicants while this contract is being per£ormed. iv. If the Agency obtains actual knowled~;e that a subcontractor performing work under this contract lrnowingly ernploys or c.ontracts with an illegal alien, the Agency shall be requixed to: A. Notify the subcontractor and the County within three days that the Agency has actual knowledge ~that the subconiractor is employing or contracting with an illegal alien; and B. Terminate the subcontract witl~ the subcontractor i~within three days of receiving the notice required pursuant to subparagraph (A) of this paragraph (e) the subco~ntractor does not stop employing or contracting with the illegal alie:ns; except that the Agency shall not terminate the contract with the subcontractor if during such tkuree days the subcontractor provides ir~.forrnation to establish that the subcontractor has not knowingly einployed or contracted with the illegal alien. fl The Agency shall cozx~ply vvith any reasonable request by the Department of Labor and Employment made in the course of~ an investigation that the 2 Departmen~t of Labor and Employment is undertaking pursuant to the authority established in Subsection {5) of C.R.S. § 8-17.5-142. g} Hoid and znaintain for the teim hereof Lhe necessary licenses(s) as specified under State law, which pez~oaits the performance of the service(s) to be provided hereib.. h) Shall maintain an a.ffordable slidiung-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 Grant as listed here, and the Agency is responsible for the performauce of any subcontractor. j) Abide by all applicable provi~sions of the Title VI and VII of the Federal Civii Rights Act of 1964, Section 504 of the Rebabilitation Act of 1973, and Title XX of the Social Security Act of 1975 as revised. k) Maintain vvritten requirements for safeguarding client information and comply with the same. 1} Maintain service program recozds, fiscal records, documenta.rion and other zecords relevant to this Crrant for the duration of the grant plus six years. The above shall be subject at all reasonable times to inspections, re~ievv or audit by Federal, State oz County personnei, and other persons authorized in writing by the Couaty. m) Provide the services at the location as shovvn as the address of the Agency or whatever is appzopziate for that service within Pitkin County. n) Provide the service{s} described herein at a cost not greater thaz~ cb~arged to other persons. o) Provide semi-annual Performance Measure reports and Financial Reports. These reports will inciude the nunnber of unduplicated clients who live and/or work in Pitkin County served by the Agency's program(s). i. The first report xs due August 16, 2010, for the fizst s'u~ months of the Srant year. u. The second report is due 7an.uary 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 a.n explanation of any variances observed and the steps that are be taken to address those variances. 3. Pi#kin Countv's Obli a~: Pitkin County shall: a) County ag~rees to grant $16,480 to Colorado Wes# Psvchiahic Hospital, as appzoved in the County's 2010 budget, which was approved by the Board of County Commissioners on December 1 S, 2009. Grant requesf vv~ill ensure the hospital can remain open; witb~out this hospital, residents iu need of psycLiatric iuupatient services would have to be transported to Denver or Sa1t Lake. b) The total amount of this contra.ct shail not exceed $16,480 cash naaa~irnum in 2010. The County urill pay Agency in one payment of $16,480 on the last day of March 2010. Payment is contingent upon receipt of mu#ually agreed upon 3 Performance Measures and satisfactory semi-~~nual reports as outlined in section 2(0) of this contra.ct. The return of a completeci contract is required in order to receive payment. c) As a Partnership grautee, continued funding fc~z 2011 is subject to budget appropriahon, campliance with contractual ob:ligations, and the Boazd of County Commissionez~s approval each year. 4. General Proviszoz~s a. The Parties to tlus Cnrant intend that the relationship between them contemplated by the Grant is that of independent agency. N~~ agent, employee, or servan~ Agency will be solely an.d entirely responsible for its acts and the act of its' agents, employees, servants ax~d subcontractor,s duz~.g the performance of the Grrant. b. Payment pursuant to the Gran.t, if in County, Sta.te or Federal funds, whether in whole or in part, is subject to and contin.gecz~..t upon the continuing availability and appropriation of Cowaty funds for the purpose there~f. c. Th~is Grant constitutes the full and complete ag~eement of the parties azzd supersedes or incozporates any prior written anid orai agreements of the parkies. In addition, Agency understands that no County official or ecz~aployee, other than the Boa~rd of County Commissioners acting as a body at a Board meeting, has authority to entez~ into a Grant or to modify the terms of this Grant on behalf of the County. Any such Grant or modification #o this Grant must be in ~riting and be executed by the parties hereto. 5. DefaultJCancellation. Lf Agency shall default in the p~~rformance of Agency's Obligations pwrsuant to the terms of this Agreenae~nt, and/or fails to provide an accownting or use or appropriation o£~nnonies granted in the mann~ez in which such accounting was represented to the County, Agency sha11 have the righi: to cure saad default after written notice by the County of the default to Agency. If Agency fails to cure such default witbuin su~ty (60) days after written not~ce is given from the C'ounty to Agency specifying the natare of such default {or if such default cannot be cured within the afoxesaid period of time, if the Agency shall £ail to promptly commence to cure the same and to thereafter diligently proceed with such cure), Cowary shall reserae the x~ght to cancel this Agreement aaad zz~ake a dema.nd for the return o£ aU zxxonies that County determin~es, at its sole discretion, were not appropriated in accordance with this Agreement. Written notice of de£ault and cancellation sha11 be made to Agency by first class mail, postage prepaid and by certified naa~il, zeturn receipt requested, to the f~llowing address: Sharon Raggio Executive Director Colorado West Psvchiatric Hosoital 515 28 3/ Road Grand Junction, CO 81504 4 6. Entire Ag,reement: 'This Agreeme~at constitutes fhe full and complete Agreement of the parties hereto and shall not be rnodified except by a written a,greement signed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agree~ment to be executed as of the latest date written below. PITKIN COUNTY, COLORADO By: i ~~'~L ~-_ ~ Nancy N. Sundeen Director of Health & Human Services By: , ,~~- Hilary Fletcher County ManageT Z' Z- j ' ~ C~ 5 Date u~~~ ~ ~~.~ ~~ ~te Z - Z ~ _ ~-~ .,__.....,.. ~. bFy., ua~c Executive Director Mailin~ Address: 515 28 3/ Road Grand Junction, CO 81504