HomeMy WebLinkAboutbocc.con.049.2013 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 049-2013
ORIGINATING DEPARTMENT: Heatth& Human Services -
PROCUREMENT OFFICER Mitzi Ledingham PHONE #: 9205766
PROJECT NAME: HCF Grant Programs CONTRACTOR: RESPONSE
DOLLAR AMOUNT: 35 000.00 LINE ITEM# 113.85.00000.840ll
CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/31/2015
AUTOMATIC R.ENEWAL: ❑ YES �NO TERM: partnership
❑ BOCC AGENDA ITEM(Grants, IGA) � STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Pracurement 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 Form) ❑ Exempt �
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance [] Employment
❑ License/Use ❑ 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: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and a11 e�ibits and notices must be attached for the following:
✓ �No Pages Missing ✓�All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank Note on Page ✓❑ All EXhibits Attached
✓ � Page numbered consecutively ✓0 All Legal Descriptions attached (fapplicable)
✓ � All Original Signatures Affixed ✓Q Notice of Award/Notice to Proceed Attached (f app'licable)
✓ � 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 HAS BEEN PROOFED AND RE,�DY 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 CHECKLISTI
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PITKIN COUNTY
HEALTH AND HUMAN SERVICES
PARTNERSHIP GRANT AWARD
RESPONSE. 2013-2015
Contract Number 049-2013 Ledger Number 113.85.00000.84011
This Grant is made as of the date last below signed between Pitkin County, herein referred to as
"County", and RESPONSE,hereafter referred to as"Agency". Whereas, RESPONSE, a private
non-profit agency, provides prevention of and assistance with domestic violence and sexual assault.
1. Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of
the Agreement,the term of this Agreement shall continue for a period of three years,
from January 1, 2013,to December 31, 2015, subject to budget appropriation,
compliance with contract obligations, and Board of County Commissioners' approval
each year.
2. A�v 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 established.
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 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
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
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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) Public Grants for Services. CRS §8-17.5-101.
(Not applicable to agreements relating to the offer, issuance, or sale of
securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information technology
services or products and servicesJ Grantee certifies,warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform
work under this Grant and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform
work under this Grant, through participation in the E-Verify Program or the
Department program established pursuant ta 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 grant with a Subgrantee that fails to certify to
Grantee that the Subgrantee shall not knowingly employ or contract with an
illegal alien to perfortn work under this Grant. Grantee:
i. shall 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 illegal alien for work under this Grant
iii. shall terminate the subgrant if a Subgrantee does not stop employing or
contracting with the illegal alien within three days of receiving the notice,
and
iv. shall comply with reasonable requests made 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 participates in the
Department program, Grantee shall deliver to the granting State agency,
Institution of Higher Education or political subdivision, a written, notarized
affirmation, affirming that Grantee has examined the legal work status of
such employee, and shall comply with all of the other requirements of the
Department program. If Grantee fails to comply with any requirement of
this provision or CRS §8-17.5-101 et seq.,the granting State agency,
institution of higher education or political subdivision may terminate this
Grant for breach and, if so terminated, Grantee shall be liable for 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.
� 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.
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g) Shall maintain an affordable sliding-fee scale schedule for its services in order to
accommodate low-income individuals.
h) 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.
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 Title XX
of the Social Security Act of 1975 as revised.
j) Maintain written requirements 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
Federal, State or County personnel, and other persons authorized in writing by the
County.
1) Provide the services at the location as shown as the address of the Agency or
whatever is appropriate for that service within Pitkin County.
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 and/or work in
Pitkin County served by the Agency's program(s). This report schedule will
repeat annually and is subject to change.
i. The first report,the mid-year report, is due August l, 2013, for the first six
months of the grant year.
ii. The second report is due January 31, 2014, 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 explanation of any variances observed and the steps that
are to be taken to address those variances.
3. Pitkin Countv's Oblig�ations: Pitkin County shall:
a) County agrees to grant$35,000 to RESPONSE as approved in the County's 2013
budget, which was approved by the Board of County Commissioners on
December 19, 2012. Grant request for funding overall operating support of
our staff,volunteers, and essential community-core services that provide
prevention of and assistance with domestic violence and sexual assault.
b) The total amount of this contract shall not exceed $35,000 cash maximum in
2013. The County will pay Agency in semi-annual payments of$17,500 on the
last day of March and September 2013. Semi-annual payments are contingent
upon receipt of mutually agreed upon Performance Measures and satisfactory
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.
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4. GeneraI Provisions
a. The Parties�o this Gran� intend that the rela�ionship between�hem 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 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 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 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 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 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 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:
Lauren Mbereko, Executive Director
RESPONSE
PO Box 1340
Aspen, CO 8161 Z
6. Entire A�reement: 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 WIT'NESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the latest date written below.
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PITKIN COUNTY, COLORADO
By: 1�---�� 2= Z_c-C
Nancy N. Sundeen Date
Director of Health &Human Services
RESPONSE
By: ����,l��P�'t.P,�b 1 �?�'(�
Lauren Mbereko Date
Executive Director
Mailin�Address:
PO Box 1340
Aspen, CO 81612
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