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HomeMy WebLinkAboutbocc.con.019.2011CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: oiq-ZOii Originating DepartmentfDivision: Health & Human Services Contact Person: Mitzi Ledingham Phone #: 920-5766 Project Name: Healthy Community Fund Grant Programs ❑ BOCC AGENDA ITEM �STAFF AUTHORIZED SIGNATLIRE (BOCC signature required) (per Revised Ptocurement Code 7l2005) Check procurement type: �None �InformalOFormal QSole Source �Emergency QState Bid ❑ Check Contract Tvoe: Dollar Amount: $10,000 Budget Line Item/Ledger Number 113.85.00541.82167 (for county employees) ental Agreement (Requires BOCC Action) ,, Equipment, Supplies (e.g. revenue) ContractorBusiness Contract Execution 1/3/2011 Automatic Renewal Agreernents (Requires BOCC Action) ;e Order/Contract Amendment Complete Legal Name: Wilderness Workshop Contract End Date: 12/31/11 Term of Contract: new annual All Contracts should be proofed for the following: � Pages Missing a Page is Left Intentionally Blank —Note on Page �ge numbered consecutively � Il Signatures Affixed fl Dates Filled In Other Blanks Filled In W� � �'(� `��V Exhibits Attached Lega] Descriptions Attached �t£appropda�e) ice of Award/Proceed Attached (�rapproPdaze� xial Instructions for Finance Department: see grant payment worksheet t to Clerk and Recorder for Scanning/Archiving horized Staff Person's Name: Mitzi Ledingham UWarranty, if applicable BY CHECHING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNII�G. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended I1_OS_07 rzTxnv courrTY COMMUNITY NON-PROFIT ANNLJAL GRANT AWARD WILDERNESS WORKSHOP. 2011 Contract Number 019-2011 Ledger Number 113.85.00541.82167 This Grant is made as of the date last below signed between Pitkin County, herein refened to as "County", and Wildemess Workshop, hereafter referred to as "Agency". Whereas, Wilderness Workshop, a private non-profit agency, is providing research, education, legal advocacy and gassroots organizing to protect the ecological integrity of local landscapes and public lands in Pitkin County, and whereas Pitkin County wishes to award a grant for the provision of these services: Term and Renewal of Aereement: The term of this Agreement is from January 1, 2011, to December 31, 2011. 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. Agencv Oblieations: Agency shall: a) Strictly adhere to all applicable federal, state and locai laws or regulations that have been or may hereafter be established. b) Comnliance with House Bi1106-1023. Perform the following verifications to comply with House Bi1106-1023: Grantees who provide a benefit to persons over the age of 18 yeazs 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 military dependenYs identification card; or a United States Coast Guard Merchant Mariner cazd; 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 pazagraph (b) of this section. i. Statutory Exceptions: Excepted from this requirement are the following types ofbenefits: 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 treahnent of symptoms of communicable disease, whether or not such symptoms are caused by immunizable diseases; E. Programs, services or assistance such as soup kitchens, crisis counseling and intervention; F. Prenatal care. d) Comnliance with House Bi1106-1343. In compliance with House Bi1106-1343, 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 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 lrnowingly 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 ofthe State of Colorado: ii. The Agency shall verify or attempt to verify through �articipation in the Basic Pilot Progam [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 shall not be required or effective if the Basic Pilot Program is discontinued. iii. The Agency shall be prohibited from using Basic Pilot Progi•am procedures to underiake 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 days that the Agency has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract witk the subcontractor if within three days of receiving the notice required pursuant to subpazagraph (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 not knowingly employed or contracted with the illegal alien. � The Agency shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Deparhnent of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. g) Hoid 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 be subject to the requirements of the Grant as listed 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 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 years. 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 chazged to other persons. o) Provide an annual Performance Measure Report 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 annual report is due January 31, 2012, for the entire period of the grant year. ii. The reports will include Agency's annual goals and actual results yeaz-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 Oblieations: Pitkin County shall: County agrees to grant $10,000 to Wilderness Workshop as approved in the County's 2011 budget, which was approved by the Board of County Commissioners on December 15, 2010 . The program provides research, education, legal advocacy and grassroots organizing to protect the ecological integrity of local landscapes and public lands in Pitkin County. 4. The total amount of this contract shall not exceed $10,000 cash maacimum in 201 L The County will pay Agency the total amount of this grant on or before the last day of March 2011. Payment is contingent upon receipt of mutually agreed upon Performance Measures and a satisfactory annual report as outlined in section 2(0) of this contract. The return of a completed contract is required in order to receive payment. 5. 6. General Provisions 3 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. 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 thereo£ 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 ar modification to this Grant must be in writing and be executed by the parties hereto. 5. DefaultJCancellation. 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 by the County of the default to Agency. If Agency fails to cure such deSault within sixty (60) days after cvritten 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 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 retum of all monies that County determines, at its sole discretion, were not appropriated in accordance with this Agreement. Written notice of default and cancellation skall be made to Agency by first class mail, postage prepaid and by certified mail, return receipt requested, to the following address: Sloan Shoemaker, Executive Director Wilderness Workshop PO Box 1442 Carbondale, CO 81623 Entire Aereement; 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��'� C-� ��� 1�'�C�.x.�c/� Z y—l� Nancy N. Sundeen � Date Director of Health & Human Services WILDERNESS WORKSHOP By: � e �"'�' — ' w 2/4/I1 Sloan Shoemaker Date Executive Director Mailine Address: Wilderness Workshop PO Box 1442 Carbondale, CO 81623