HomeMy WebLinkAboutbocc.con.055.2013 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 055-2013
ORIGINATING DEPARTMENT: Health&Human Services
PROCUREMENT OFFICER: Mitzi Ledingham PHONE #: 9205766
PROJECT NAME: HCF Grant Programs CONTRACTOR: Roaring Fork Public Radio
d.b.a Aspen Public Radio
DOLLAR AMOUNT: $7.000.00 LINE ITEM# 113.85.00541.82186
CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/31/2013
AUTOMATIC RENEWAL: ❑ 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 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
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all 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 Ea�hibits Attached
✓ � Page numbered consecutively ✓� All Legal Descriptions attached (if 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 HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS TN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MiJST BE WITH THIS CHECKLISTI �
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FITKIN COUNTY
COMMUNITY NON-PROFIT
ANNUAL GRANT AWARD
ASPEN PUBLIC RADIO, 2013
Contract Numbe�• OSS-2013 Ledger Numbex•_ 113.85.00541.8218b
This Grant is rnade as of the date last below signed between Pitkin County, herein refer�•ed to as
"Caunty",a�id Roaring Fork Public Radio d.b.a. Aspen Public Radio, hereafter referred tQ as
"Agency". VVhereas, Aspen Public Radio, a private non-profit agency, serving as the region's
only comniunity access radio station, provides public rr�edia pragramming including news,
music, and insight froin local to international coverage.
1, Term of A�reement: The term of this A,greement is fi•om Janua�•y I, 2013, to December
31,2013.
2. A ency Obli atg�ions: Agency sl�all:
a) Strictly ad��ere to alI applicable federal, state and local Iaws oi•regu�ations that
have been or may hereaftei��e establislied.
b) Compliance with House Bill Q6-1023. Perform the fallowing veiificatior�s to
camply with House BiII 06-1023: Gc•atitees who p�ovide a be�3e�t to persons over
the age af 18 years of age and which rec�uire an individual application fi•om the '
persan who will receive a benefit,are required to verify the applicant's legal
presence in the United States. The verification of�awful pi•esence requires ali
applicants 18 years of ag�or older to:
i. Froduce a ��alid Colorado driver's license or a Colorado identifica#aon
card; or a Uni#ed States nulitary card or inilitary dependent's identification �
eard; or a United States Coast Guard Merchant Mariner card; o�•a Native
American'Tribal document; a��d i
ii. Execute an affidavit stating that applica�3t is a United States citizen o�•
legal pei•nzanen#resident; or#hat applicant is otherwise lawfuliy
present in the United States piirsuant to Federal law.
c) Be lawfully prohibited, piirsuant to Article ?6.5 of Title 24, C.R.S,, fron�
praviding a Federal public benefit o�•a state or local public bex�efit in violatian of
paragraph (b)of this section. ;
i. Statutazy Exceptians: Excepted fi•om this requirement are the following
types of benefits:
A. Services for child�•en under age 1$;
B, Obtaining health care itetns and services necessary fo�•treatment of an
etnergency n�edieal condition of the persan invalved and no#related ta
an organ iranspla��t;
C. Sl�ort-term, in-tcind, nou-cash enlergency disaster i•elief;
D. Public health assistance for immunizations, with respect fo
itnmuliizable diseases and for testing and treatment of sympton�s of
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conunuY�icable disease, wl�ether or not such symptorns are caused by
immunizable diseases;
E. Prograins, services or assista�ice such as soup kitchens, crisis
counseling and intervention;
F. P�•enatal care,
d) Public Grants for Services. CRS §8-17.5-101.
jNot�tpplicn6le fo ngreeme�rts relafirtg to tire offe�, lssuance, or sale of
securities, investn:e��t advisory services or fiurd mnrtngemefzt services,
� sponsot�erl projects, i�:te�goverrrtnenta!agreements, oi�i�:,f'orf�tatiotr technvlogy
services or�rodttcts antl servicesJ Grantee c.ertifies, warrants, and agrees that it
does not knowingly employ or contract with au illegal alien who will perform
work under this Grant and will confij•m the en�ployment eligibility af all
employees who are newly hired for employment in tl�e United States to perform
work under this Grant, t�u•ougl�participation in the E-Vexify Prograiii or the
Department pz•og�am established pnrsuant to CRS §S-]7.5-102(5)(c}, Grantee
sliall nat knowingly employ or contract with an illegal alien to perforni work
under this Grant or enter into a grant with a Subgrantee tlaat fails to certify to
Gra��tee that the Subgrantee shall not knowingly emplay or contract wi#h an
illegal alie��to perform work uuder tliis Grant. Grantee: '�
i, shall not use E-Verify Pc•ogram o�•Department progi•an�procedures to '
undertake pee-employment screening of jab applicants wl3ile this Grant is
being performed
ii. shall notify tlle Subgrantee and the granting State aget�cy within three days
if Grantee has actual knowledge tl�at a Subgrantee is employing or
contracting witl� an illegal alien for work under this Grant
iii. shall terminate the subgrant if a Subgra�itee does not stop ernploying or
contracting with tl�e illegal alien within tluee days of receiving the notice,
and �
iv, shall comply with reasonable requests made in the course of an �
investigation, undertaken pu�•suant to CRS §8-1�.5-102(5), by the Colorado ,
Depat�tment of Labor and Einptoyment. If G3•ai�tee participates in the '
Departinent progra�n, Grantee shail c�eli�er to tl�e granting State agency,
Institution of Higher Education or political subdivision,a written,notarized
affirmafion, affirnling tl�at Grantee l�as examined the tegaf work status af
such employee,and shall comply with alI of the othe�•requirements of the �
Department progran�. If Gra��tee fails to co�nply witl�any requirement of i
this provision or CRS §8-17.5-101 ei seq., the granting State agency,
institution of higl�er education oc po�itical stibdivision may terminate this
Grant for breach and, if so ter�iiinated, G�•antee shall be liable for damAges.
e) The Agency shall co�nply with any reasonable rec�uest by the Depart�nent of
Labor and Employment made in the co�irse of an investigation that the
Department of Labor and Enlploymetit is undertaking pursuant to the authority
establisl�ed in Subsection (5)af C,R.S. § 8-17.5-102.
fl Hold and maintain for the term hereof the necessax•y licenses(s) as specified under
State law, which permits the performaaice of the service(s}to be provided herein.
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g} Sl�all maintain an affordable sliding-fee scale scl�edtile for its services in order to
accommodate low-income individuals.
h) Subcont��acts utilized by the Agency shall be subject to the requiremenis of the
Grant as listed l�ere, and the Agency is responsible for the perforinance of any
subcontc•actor.
i) Abide by all applicable provisians af t�ie Tit1e VI and VII of tlae Federal Civil
Righ#s Act of 1964, Section 504 of the Rehabilitatia«Act of l 973, and Title XX
of the Social Security Act of 1975 as c•eVised. ;
j) Maintai�� vv�•itten requirenients for safeguarding client inforn�atian and comply
with the same. '
k) Maintain se��vice prog�•a3�i�•ecords,fiscal records, docu�nentatian and other
records relevant to this Grairt for tl�e duratiot�of tl�e grant plus six years. The '
abo��e shall be subject at all reasonable times ta i3�spections, review or audit by
Federal, State or County persaiuiel, and other persons autl�orized in writi��g by the
County,
I) Provide tlae seivices at the locatio�l as shown as the address of the Agency or '
whatever is appropriate for that service witliin Pitkin County, `
m) Provide tl�e seivice{s)described herein at a cost not gi•eater tlian clia�•ged to other
persons,
n) Provide semi-an�nzial Performance Measure reports and Financial Reports, These ';
repoi�ts wiil include tlie number of undt�plicated clients who live and/or work in
Pitkin County seived by tlie Agency's prograrn(s). ,
i. The first report is next year°s applicatian, and it is due August 1, 2013. i
You wi11 report your first six tnontl3s' activity for 2d13 within your
application. If you do not cfioose to reapply,you will only 6e�•equired to
submit a 20I3 yeaa�-end repoi•t.
ii. The second report,the year-end report, is due Jantzary 31, 2pI4, foc•the
entire period of the grant year.
iii. The reports will include Agency's annual goals and aetual results year-to- �
date, as we11 as an explanation of any variai�ces observed and the steps that ;
are to be taken to add�•ess t�iose variances. �
3. Pitkin County's Obligations: Pitkin County shall:
a) County agrees to grant$7,000 ta Aspen Public Radio as appraved in the County's
2�13 budget,wl�ich was approved by#1ie Board of County Comnlissioners on ;
December 19,2012. Grant funding tiyill ensure tha#As�en Public Radio tivill
continue to serve As�en and neighburing commut�ities with the best af local, -
regional, national, and international public radio programming via FM ,
broadcast, cltannel 8,podcast,and the Internet.
b) The total amotint of this contract sl�ali not exceed $7,000 casl�maxitnum in 2013.
The Cou�jty wilt pay Agency the total amoimt of this grant on or before the last
day of Marcli 2013. Payment is contingent upan receipt of mutually agxeed upon
Performance Measures a��d satisfactory semi-anmial x•epoi�ts as outlined in secfion
2(n)of tllis eontract. TIZe return of� eomplefed contract is required in order to
receive payment.
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4. General Provisions '
a. The Parties to this Grant intend that the relationship between them contetnplated '
by tlie Grant is that of independent agency. No agent, e�nployee, or servant
Agency will be solely and entireiy responsible for its acts and the act of its agents,
empIoyees, servants �nd subco��tractors duri�ag the performance of the G�•ant,
b, Payme��t pursuant to the Grani, if in County, State or Federal funds,whether in
w��ole or in part, is subject to and contingent upon the continuing availability and ,
appropriation of Cou�ity funds for tlae purpose tliereof.
c. This Grant constitutes the full and complete agreement of the parties and
supersedes or incorpoz•ates any prior written and oral agreenients of the pa�•ties, In :
additioi�, Agency understands that no County official or en�pioyee,other than the '
Board of County Cocnmissioners acti��g as a body at a Board i��eeting, has
_ authority to enter inta a Grant or to modify tlie terms of this Grant on behalf of the
County. Any sucla Gxant ai�inodification to t}�is Grant must be in writing and be
executed by the parties hereto. �
5. Default/Cancellation. If Age�icy sl�all default in tlae perfo�•ma�ace of Ageiicy's
Obligations pi�rsuant to tlie terms of tl�is Agreement, anc�/or fails to provide an accounting
or use or appropriation o#'lnonies ga•anted in the mamler in which sucla accounting was
represented to the County, Agency shall l�a��e tlle right to cure said defauIt after written
notiee by the Count}�of the default to Agency. If Agency fails to cure such default within
sixty (60) days after w�•itten notice is given from the County to Agency specifying the
na#ure of such default{or if such default cannot be cured within the aforesaid period of
time, if the Agency shall fail to proniptiy commence to cure the same and to thereafter ;
diligently proceed with such cure), County shall reserve the right to cancel this i'
Agreement and make a demand for the retiirn of all monies that County determines, at its
sole discretion, were not appropriated in acco�•dance with tl�is Ag�•eement. Written notice
of default and cancellation shall be made ta Agency by Ficst class �nail,postage prepaid
and by certified mail, return receipt requested, to the following address: �
Andrew Todd '
Executive Director I
Aspen Puhlic Radia
110 E. Hallacn, Suite 134
Aspen, CO 81611
6. Entire A ig•eement: This Agreement constitu#es the full azid complete Ag�•een�ent of the
parties hereto and shall not be modified except by a written agreement signed by the
paz�ties.
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IN WITNESS WHEREnI�, tl�e pai�ties l�e�•eto I�ave causeci this Ag2•eei��etlt tp be executed as
of the latest date urrittetl betow. :
�'ITKIN COUNTY, COL,OR�1Dt?
By: ��.,��C,, .� �'� � �c��. ��✓� Z_ Z.i-- � ?
Nancy h!. Sundeen —� Date
Directo��af Health � I-�untat� Se�vices
ASPEN UBLI�R.f1DI� '
By: ti��"'�`��
��-'�- ,�'--'�.-� d�
Andrew Todd Date
�X�ClifiV� DI1'�GtOI'
Maili�l�Address;
110 E. H�ll��n, S�iite 13a
As�en, �Q 8 i 61 l
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