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HomeMy WebLinkAboutbocc.con.064.2013 Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 064-2013 ORIGINATING DEPARTMENT: Health&Human Services PROCUREMENT OFFICER: Mitzi Ledingham PHONE#: 9205766 PROJECT NAME: HCF Grant Programs CONTRACTOR: Wilderness Workshop DOLLAR AMOUNT: $9,000.00 LINE ITEM# 113.85.00541.82167 CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/3ll2015 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/Maintenance ❑ Employment ❑ License/LTse ❑ 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: 14%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 E�ibits Attached ✓ � Page numbered consecutively ✓� All Legal Descriptions attached (f applicable) ✓ � 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 HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS lN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MIJST BE WITH TffiS CHECKLIST! f PITKIN COUNTY COMMUNTTY NON-PROFIT PARTNERSHIP GRANT AWARD WILDERNESS WORKSHOP. 21)13-2015 Contract Number 064-2013_Ledger Number_ 113.85.00541.82167 This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and Wilderness Workshop, hereafter referred to as"Agency". Whereas, Wilderness Workshop, a private non-profit agency, protects and conserv�s the wilderness and natural resources of the Roaring Fork Watershed,the White River National Forest, and adjacent public lands. 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, 2Q15, subject to budget appropriation, compliance with contract obligations, and Board of County Commissioners' approval each year. 2. A�enc�Obli ations: Agency shall: a) Strictly 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 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 ar a state or local public benefi� 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 l � 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 inforrriation 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 to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with�n 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 perform 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 tertninated, Grantee sha11 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. 2 � 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 ali 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 Obli at�: Pitkin County shall: a) County agrees to grant$9,000 to Wilderness Workshop as approved in the County's 2013 budget, which was approved by the Board of County Commissioners on December 19, 2012. Grant funding for collection of baseline data to provide an early-warning system of adverse impacts to the environment and population of Pitkin County and the wider region. b) The total amount of this contract shall not exceed $9,000 cash maximum 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 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. 3 2(n) of this contract. The return of a completed contract-is required in order to receive payment. 4. General 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, servants and subcontractors during the performance af 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. 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 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: Sloan Shoemaker, Executive Director Wilderness Workshop PO Box 1442 Carbondale, C0 81623 6. Entire Agreement: This Agreement constitutes the full and complete Agreement of the parties hereto and sha11 not be rnodified except by a written agreement signed by the parties. , 4 / � IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORAD� By: - t— � Nancy N. Sundeen Date " Director of Health & Human Services WILDE S WORKS By: � � �,� Sloan Sh rna er Da Executive Director Mailing Address: Wilderness Workshop PO Box 1442 Carbondale,CO 81623 � (� IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKTN COUNTY, COL�RADO By: � �. - 3 Nancy N. Sundeen Date Director of Health & Human Services WILDE S WORKS ' By: � � Sloan Sh ma er Da Executive Director MailingAddress: Wilderness Workshop PO Box 1442 Carbondale,CO 81623 �