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HomeMy WebLinkAboutbocc.con.028.2013 Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 028-2013 ORIGINATING DEPARTMENT: Health&Human Services PROCUREMENT OFFICER Mitzi Ledingham PHONE #: 9205766 PROJECT NAME: HCF Graat Programs CONTRACTOR: Executive Service Corps DOLLAR AMOiTNT: $3,500.00 LINE ITEM# 113.85.00541.82197 CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/31/2013 AUTOMATIC R�NEWAL: ❑ YES �NO TERM: annual ❑ BOCC AGENDA ITEM(Grants,IGA) � STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER$50,000 (Requires Section Leader& County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: �None ❑ Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Fortn} ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/LJse ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease �Non-Profit ❑ Construction ❑ Quasi-Public (e.g.-AVH) ❑ Goods, Equipment, Supplies ❑'Grant Agreements (Notify Finance&Resolution Required) ❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment (GO: I O%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all eachibits and notices must be attached for the following: ✓ �No Pages Missing ✓� All Other Blanks Fi11ed In ✓ ❑ If Page Left Intentionally Blank Note on Page ✓❑ All E�ibits Attached ✓ � Page numbered consecutively ✓0 All Legal Descriptions attached ('f applicable) ✓ � All Original Signatures Affixed ✓�Notice of Award/Notice to Proceed Attached (f applicable) ✓ � All Dates Filled In ✓❑ Warranty(if applicable) ✓ � Special Instructions for Finance Department: see contract payment worksheet ✓ � Authorized Procurement Officer's Name: Mitzi Ledingham BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT I�AS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WII,L KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! / 1 13 03:27p Nolen Quigley 970-923-2805 p.1 l0• � �,�e�. ' ���i�.��, ��c . ,�; �r,�, �: PITKiN COUNTY CON1MiJNITY NON PROEIT ANNUAL GRANT AVVARD EXECUTIVE SERVICE CORPS,2013 Contract Number 028-2013 Ledger Number 113.85.00541.82I 9? This Grant is made as of the date last below signed between Pitkin County,herein referred to as "County", and Executive Service Corps,hereafter referred to as"Agency". Whereas, Executive Service Corps,a private non-profit agency,provides consultants to local human service and nonprofit organizations and is availab[e to any and all nonprofits from Aspe�to Rifle. 1. Term of A�reement: The term of this Agreement is from January 1,2013, to December 31, 2013. 2. Agencv Obligations: Agency shall: a) 5trictly adhere to all applicable federal,state and local Laws or regulations that have been or may hereafter be established. b) Com�liance with House Bill 06-1023. Perform the following verifications to comply with House Bill 06-1023: Grantees who provide a benefit to persons over the age of 1 S years of age and which require an individual application from the person who will receive a benefit, are reQuired to verify the applicant's (egal presence in the Uruted States. The verification of lawful presence requires all applicants l 8 years of age or older to: i. Produce a vatid 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 Caast Guard Merchant 1Vfariner card; or a Native American Tribal document;and ii. Execute an affidavit stating that applicant is a United States citizen or legai permanent resident; or that applicant is otherwise lawfully present in the United States pursuant to Federal law. c) Be lawfnlly prohibited,pursuant to Article 76.� of Title 24, C.R.S., from providing a Federa! public benefit or a state or local public benefit in violation of paragraph(b)of thi.s section. i. Statutory Exceptions� Excepted from this requirement are the following types of benefits: A, Services for children under age 18; B. Obtaining health caze items and services necessary for treatment of an emergency medicat condition ofthe person involved and not related to an organ transplant; C. Short-terrr►,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; 1. � Jan 31 13 03:27p Nolen Quigley 970-923-2805 p•2 E. Programs,services or assistance such as soup kitcheris,crisis counseling and intervention; F. Prenatal care. d) Pub�ic Grants for Services. CRS§8-17.5-101. �1Vo1 applicable to agreements relating to the offer, issuance, or sale of securilies, inveslmenl advisory services orfund managemertl servires, sponsored projects, iniergovernmental agreements, or information technology services orproducts and servicesJ Grantee certifies,warrants, and agrees that it does not Irnowinaly employ or contract with an illegal alien who will perform work under this Grant and will confirm the emplo}7nent eligibility of all employees who are newly hired for empToyment in the iJnited States to perform work under this Grant,through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c),Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a a ant with a Subgrantee that fails to certify to Grantee that the 5ubgrantee shail not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee: i. shalt not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this Grant is being performed ii. shall notify the Subgrantee and the granting State agency within three days � if Grantee has actual knowledge that a Subgrantee is employing or contracting with an il(egal alien for work under this Grant iii. shall tertninate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within thcee days of receiving the notice, and iv. shall comply with reasonable requests rnade in the course of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment. If Grantee parcicipates in the DepaMment pragram, Grantee shal] deliver to the granting State agency, Institution of Higher Education or political subdivision, a written,notarized affirmation, affrming that Grantee has examined the legal work status of such employee,and shall comply�vith all of the other requirements of the Department program.If Grantee fails to comply with any requirement of this provision or CRS §5-17.5-101 et s�q., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be Eiable foe damages. e) The Agency shall comply with any reasonable request by the Department of ` Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection(5) of C.R.S. § 8-17.5-102. fl 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. g) Shall maintain an affordable sliding-fee scale schedule for its services in orderto accoinmodate low�-income individuals. 2 � .._.�. �........_._,_,.... .. _....�..v_w ._. .. ._.. ..u.,....�,_.-.. _._. .._.. . . . Jan 31 13 03:28p Nolen Quigley 970-923-2805 p.3 h) Subcontrac#s utilized by the Agency shall be subject to tiie requirements of the --- Grant as listed here, and the Agency is responsible for the performance of any subcontractor. i) 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 Tit1e XX ofthe Social Security Act of 1975 as revised. j) iVlsinta�n written rec}uirements for safeguarding client information and comply with the same. k) 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 Federai, State or County personne�,and other persons authorrzed in�ariting by the County. l) Provide the services at the location as shown as the address of the Agency or whatever is appropriate for that service within Pitkin Coanty. m) Provide the service(s)described herein at a cost not greater than charged to other persons. n) 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 next year's application,and it is due August 1, 2013. You will report your first six months' activity for?Ol3 within your application. If you do not choose to reapply, you will oniy be required to submit a 2013 year-end report. ii. The second report,the year-end report, is due January 31,2014, for the entire period of the grant year. iii. The reports wilI include Agency's annua[ goals and actual results year-to- date,as well as an explanation of any variances observed and the steps that are to be taken to address those variances. 3. Pitkin Countv's Obli�ations: Pitkin County shall: a) County agrees to grar►t $3,500 to Executive Service Corps as approved in the County's 2a13 budget, which was approved by the Board of County Commissioners on December 19, 2012. Gran#funding will support ESC's aanual operations. b) The total amount of this contract shall not exceed$3,500 cash mvcimum in 2013. The County will pay Agency the total amount of this grant on or before the last day of March 2013. Payment is contingent upon receipt of mutually agreed upon Perforrnance Measures and satisfactary semi-annual reports as outlined in section 2(n) of this contract. The retUrn of a completed contract is required in order to receive payment. 3 � Jan 31 13 03:28p Nolen Quigley 970-923-2805 p.4 4. General Provisions a. The Parties to this Grant intend that the relationship beriveen 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, emptoyees, servants and subcontractors during the performance of the Grant. b. Payment pursuant to the Grant, if in County, State or Federai 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 corr�plete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition,Agency understands that no County off cial or employee,other than the Board of County Commissioners actir�g 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 tiie County. Any such Grant or modification to this Grant must be in writing and be executed by the parties hereta 5. DefaultlCancellalion. If Agency shall default in the performance of Agency's Obligations pursuant#o 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 wa,s represented to the County,Agency shall have the right to cure said default after written notice by the County of the defa.ult to Agency. lf Agency fails to cure such default within sixty (64) days after written notice is given from the County to Agency specifs�ing the nature of such default(or if such default cannot be cured within the afvresaid period of time, if the Agenc��shall fail to promptly commence to cure the same and to thereafter diligently proeeed with such eure), County shall reserve ti�►e right to cancel this Agreement and make a demand for the return of all monies that County deiermines, at its sole discretion,were not appropriated in accordance with this Agreemen� 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: Christine Nolen Executive Director Executive Service Corps 0250 Sage Way Aspen, CO 81611 6. Entire Agreemertt: This Agreecnent constitutes the full and complete Agreement of the parties nereto and shall not be modified except by a u�ritten agreement signed by the parties. 4 � Jan 31 13 03:28p Nolen Quigley 970-923-2805 p•5 IN WITNESS WHEREOF,the�arties hereto have ca�sed this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORADO By: �.C, � �����.�?�� Z"�i -- l�� Nancy N. Sundeen Date Director of�Iealth &Human Services EXECU E SERVICE CORPS By: / �! Christine Nolen D e Executive Director Niailin�Address: 0250 Sage Way Aspen, CO 81611 5 �