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HomeMy WebLinkAboutbocc.con.060.2013 Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 060-2013 ORIGINATING DEPARTMENT: Health&Human Services PROCUREMENT OFFICER: Mitzi Ledingham PHONE #: 9205766 PROJECT NAME: HCF Grant Programs CONTRACTOR: Spellbinders DOLLAR AMOITNT: $3,000.00 LINE ITEM# 113.85.00541.82165 CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/31/2015 AUTOMATIC RENEWAL: ❑ YES � NO TERM: partnership ❑ 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/Nlaintenance ❑ 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 all e�ibits and notices must be attached far the following: ✓ �No Pages Missing ✓� All Other Blanks Filled In � ✓ ❑ If Page Left Intentionally Blank—Note on Page ✓❑ All E�ibits Attached ✓ � Page numbered consecutively ✓❑ All Legal Descriptions attached (fapplicable) ✓ � All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if 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 HA5 BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WII,L KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS ML�ST BE WITH THIS CHECKLIST! I ■ ■ _ .— __ .. ..... _ _ __ 204751 CHILDRENS HEALTH F 10:28:01 01-25-2013 1 /5 PITKIN COUNTY COMMUNITY NON-PROFIT PARTNERSHIP GRANT AWARD SPELLBINDERS,2013-2015 Contract Number 060-2013 Ledger Number 113.85.00541.82]65 This Grant is made as of tlie date last below signed between Pitkin County, herein referred to as "County", and Spellbinders, hereatter referred to as "Agency". Whereas, Spellbinders, a private non-profit agency, enhances literacy, encourages character development, and builds intergeneratioi�al community tl�rough the art of oral storytelling. 1. Tetxn and Renewal of A�reement: Absent any termination for cause under paragraplz 5 of the Agreement, the term of this Agreement shall continue for a period of three years, frozn 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�ncy Obligations: Agency sha1L• a) Strictly adhere to all applicable federal,state and local laws or regulaCions that have been or may hereafter be established. b) Compliance witl�.I-iouse Bill 06-1023. Perform tl�e following verifications to comply with House Bill 06-1023: 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 vcrification of lawful presence requiz-cs all applicants 18 years of age or older to: i. Produce a valid Colorado driver's license oc 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 Nativc Americau Tribal document; aa�d ii. Execute an affidavit stating that applicant is a United States citizei�or legal permanent resident; or that applicant is otherwise Lawfully present in the Un.ited 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 childxeu under age 18; B. Obtaiving health care items and services necessary for treatment of an emer�ency medical condition of the person involved and not rclated to an organ transplant; C. Short-teim, in-kind, non-cash emer�ency disaster relief; D. Public healCh assistance for immunizations,with respect to immunizable diseases and for testing and treatment of symptoms of �. 1 ,—-_ 6� (����_5�.� 9709204751 CHILDRENS HEALTH F 10:28:21 01-25-2013 2/5 coinmunicable disease,whetlier or not such symptotns are caused by zm.munizable diseases; E. Programs, services or assistance such as soup kitchens, crisis counseling and intcrvention; F. Prenatal care. d) Public Grants for Services. Cl2S §$-17.5-101. [Not applicable to agreen:efits re[ati�rg to the vffer, issuance, or sa[e of sec��rities, investment advisory services or fu�rd management services, sponsored projects, intergavernme�:tal agreentents, or infornintion tecic�eolobry se�Nices or p�•odrrcts a►:d servicesJ Grantee certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien wl�o will perform work under this Grant and will confirm tlle employment eli�ibility of all employees who are newly hired for employment in the Utiited States to perform work under this Grant, through participation in the E-Vcrify Program or the Depattment program established pi,u•suant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perfot7n 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 perforin work under this Grant. Grantee: i. shall not use E-Verify Program or Departmeiit program procedures to undertake pre-employinent 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 ille�al alien for work under this Grant iii. shall terminate the subgrant if a Subgrantee does not stop empIoying or contracting with the itlegal alien within three days of receiving the notice, and iv. shall comply with reasonable requests uiade in the course of an iiivestigation,ui�dertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Eznployment. If Grantee participates in the Department program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a writlen,notarized affirmaCion, affirming that Grantee has examined the legal work stat�is of such employee, and shall comply with all of the other requirements of the Depac•tment 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 tl�is Grant for breach and, if so terminated, Grautee 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 Subseetion(5) of C.R.S. § 8-17.5-102. fl Hold and maintain for the tenn hereof the necessary licenses(s) as specified under State law, which permits the performance of the service(s) to be provided herein. 4 � , 2 � 9709204751 CHILDRENS HEALTH F 10:28:41 01-25-2013 3/5 g) Shall maintain an affordable sliding-fee scale schedule for its services in order to accommodate Iow-income individuals. h) Subcontracts utilized by the Agency shall be subject to the requirements of the Grant as listed hcre, and the Agency is responsiblc for the performance of any subcontractor. i) Abide by all applicable provisions of tlie Title VI and VII of the Fcderal 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 prograrn records, fiscal records, docume��tation 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 writi.ng by the County. 1) Providc the services at the location as shown as the address of the Agency or whatever is appx•opriate for that service within Pitkin County. m) Provide the seivice(s) described herein at a cost not greater than charged to othec persons. n) Provide semz-aiuival Performance Measure reports and Finai�.cial Reports. These reports will inclucle the number of unduplicated clients who live and/or work in PiCkin Counly served by the Agency's program(s). This rcport 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 chat are to be taken to address those variances. 3. Pitkin Cowity's Obli ations: Pitkin County shall: a) County agrees to grant$3,000 to Spellbinders as approved in thc County's 2013 budget, which was approved by tlie Board of County Commissioners on December 19, 201.2. Grant funding will support literacy building efforts of Valley school teachers by building strong,long-term bonds between Valley elders and school children. b) The total amount of this contract shall not exceed $3,000 cash maximum in 2013. The County will pay Agency the total amount of tliis grant on or before the last day of March 2013. Payment is contingent upon receipt of znutually agreed upon Performance Measures and satisfactory semi-annual reports as outlined in section 2(n) of tliis contract. Tlie return of a completed contract is required in order to receive paytnent. � � 3 � 9709204751 CHILDRENS HEALTH F 10:29:05 01-25-2013 4/5 4. Geueral Provisions 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, seivants and subcontractors during the perfox�nance of tlie Grant. b. Payment pursuant to thc Grant, if in County, State or Federal funds,whethcr in wl�ole 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 tlie full and complete agreement of the parties and supersedes or incorporates a�iy prior written and oral agree�nents of the parties. In additiou, 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 perfoimance 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 aRer 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 tl�e County to Agency specifyi��g the naturc of such dcfault(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 tl-►is A�reement and make a demand for the return of all monies that County determines, at its sole discretion, ve�ere not appropriated in accordance with this Agreement. Written notice of default and canceilation shall be made to Agency by first class mail,postage prepaid and by certified mail, return receipt requested, to the following address: Catherine Jolulson, Cxecutive Director Spellbinders PO Box 1986 Basalt, CO 8I621 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. � � 4 � 9709204751 CHILDRENS HEALTH F 10:29:24 01-25-2013 5/5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PiTKIN COUNTY, COLORADO s y: � ;,� c� ���:.�c.� cy���.�°�. Z-Z-�-—L 2__ Nancy N. Sundeen Date Director of Health &Human Services �;�-� ,,, ,- .� ; � SPEL BINDERS�` , By: � ��' � ` ``:� 1 Catherine Jol�nson Date Executive Director Mailing Address: Spellbinders - PO Box 198G Basalt, CO 81621 5 �