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HomeMy WebLinkAboutbocc.con.040.2013 Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 040-2013 , ORIGINATING DEPARTMENT: Health&Human Services PROCUREMENT OFFICER: Mitzi Ledingham PHONE#: 9205766 PROJECT NAME: HCF Grant Programs CONTRACTOR: Mountain Rescue Aspen, Inc. DOLLAR AMOITNT: $5,000.00 LINE ITEM# 113.85.00541.82120 CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/3 U2013 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) Ai1 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 ✓0 All Legal Descriptions attached (fapplicable) ✓ � All Original Signatures Affixed ✓0 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 IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! � :8 13 02:51 p Walther Ramos ; 970-4298061 p.1 �' `�'p ` Gr�c-�c�C'�n �%A� �i7c-- ��SSS� �i��J� PITKP�T COUNTY COMMUNITY NON-PROFIT ANNIJAL GRANT AWARD MOUNTATIV RESCUE ASPEN. INC., 2013 Contract Number 040.2013 Ledger Number 113.85.00541.82120 This Grant is made as of the date last below signed between Pitkin County, herein referred�to as "County", and Mountain Rescue Aspen, Inc.,hereafter referred to as "Agency". Whereas, Mountain Rescue Aspen, Inc., a private non-profit agency and volunteer oroanization, provides backcountry rescue and mountain safety education for residents and visitors of Pitkin County. 1. Term of Agreement: The term of this Agreement is from January I, 2013, to December 31, 2013. 2. Agency Obli a� tions: Agency shall: a) Strictly adhere to ap applicable federal,state and local laws or reD lations that have been or may hereafter be established. b) Compliance with House Bi1106-1023.Perfarm 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 reyuire aci 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 al1 applicants l8 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 cazd; or a U.nited States Coast Guard Merchant Maziner card; or a Native Am.erican Tribal document;and ii. Execute an affidavit stating that applicant is a United States citizen or legal permanent resident; or that appticant 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 az� 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 tespect to immunizable diseases and for testing and treatment of symptoms of communiea,ble disease, �vhether or not such symptoms are caused by immunizable diseases; 1 % �'� S Mar 18 13 02:51 p Walther Ramos 970-4298061 p.2 E. Programs, services or assistance such as soup kitchens,crisis counseling and inten�ention; F. Prenatal care. d) Pab1EC Grants for Services.CRS §8-17.5-101. �(Not applicable to agreeme�ts relating 1`o the offer, issuance, or sate of securilies, invesime»t advisory services or fund management seruices, spor�sored projects, intergovernmental agreements, or informa[ion lechnology services or products and servicesJ Grantee certif�es,warrants, and agrees that it does not knowingly employ or contract�vith an illegal alien who wili perform work under this Grant and w�i11 confirm the employment e[igibility�of all ernplayees vvho are newly hired for employment in the ti'nited States to perfortn work under this Gran#,through participatian in the E-Verify Program or the Department program estabtished pursuant to CRS §5-17.5-102(S�c), Grantee shall not knowingEy employ or contract��vith 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 Subgtantee shall not knotivingly employ or contract�vith an illegal alien to perform vvork under this Grant. Grantee: i. shall not use E-l�erify Program or Depariment program procedures to undertake pre-employment screening of job applicants while this Grant is being performed ii, shall notify the Subgrantee and tha 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 terminaxe the subgrant if a Subgrantee does not stop employing or coniracting vvith the i(lega] alien within three days o�receiving the notice, and iv. shal] 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 ihe granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined �he legal work status of such employee,and shall comply tivith all of the other cequirements 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 educatian or political subdivisivn may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. e) The Agency shall comply with any ceasonable request by the Department of Labor and Employrnent made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority estatilished i� Subsection(5) of C.R.S. � 8-17.5-102. fj Hold and maintain for the term hereof the necessary licenses(s) as speci�ed under State law,which permiis the performance of the serviee(s)to be provided herein. g) Shall maintain an affordable sliding-fee scale schedule for its services in order to accommodate lo��-income individuals. 2 c? c�F 5 Mar 1 S 13 02:51 p Walther Ramos 970-4298061 p.3 h) Subcontracts utilized by the Agency shall be subject to the reqwrements of the Grant as listed here, and the Agency is responsible for the perfonnance 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 1473, and Title XX of the SociaE Security Act of 1975 as revised. }) Maintain written requirements for safeguarding client information and comply with the same. k) Vlaintain service program records, fiscal records, documentation and other records relevant to this Grant for the duration of the grant pius six years. The above shall be subject at ali reasonab(e times to inspections, review or audit by Federa[, State or County personnel, and other persons autharized in writing by the County. 1) Provide the services at the location as shown as the address ofthe Agency or whatever is appropriate for that service within Pitkin County, m) Provide the service(s)described herein at a�ost not greater than charged to od�er persons. n) Provide semi-annua] Performance Measure reports and Financial Reports. These reports wi11 include the number of unduplicated clients who Iive andlor work in Pitkin County served by the Agency's program(s). i. Tha first report is next year's application, and it is due August 1, 2013. You will report your frst six months' activity for 2013 within your application_ If you do not choose to reapply,you will only be required to subrnit a 2013 year-end report. ii. The second report,the year-end report, is due January 31,20I4, far the entire period of the grant year. iii. The reports wi�l include Agency's annaal goals and actual results��ear-to- da#e,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 Obligations: Pitkin County shall: a) County agrees to grant$8,000 to Mountain Rescue Aspen, lnc.as approved in the County's 2013 budget,which was approved by the Board of County Cotnznissioners on December ]9, 2012. Grant�'unding will be used to: a) support team trainings and continuing education. 'b) Technical gear replacement(ropes, climbing medical supplies) and c) General Working Capital such as office supplies, atilities and general administrative expenses. b) The total amount ofthis contract shal�not exceed$8,000 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-annua�reports as outlined in section 2(n) of this contract. The return of a completed contract is required in order to receive payment. 3 ,3 � S Mar 18 13 02:51 p Walther Ramos 970-4298061 p.4 4. General Provisions a. The Parties to this Grant intend that the celationship 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 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 supecsedes or incorporates any prior written and aral a�;reements of the panies. In addition, Agency understands that no Caunty of�cial or employee, other ttzan ihe Board of County Commissioners acting as a body at a Board meeting, has • authority to enter into a Grant ar 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�'Cartcellation. �f Agency shall default in the performance of Agency's Obligations pursuant to the terms of this Agreement, andlor fails to provide an accounting or use or appropriation of monies granted in the manner in which such accounting was represented to ihe County,Agency shall have the right to cure said default after w�ritten notice by the County of the default to Agency. If Agency fails to cure such default within sixty (60) days ai�er 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 comanence 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 deter►nines, at its sole discretion,were not appropriated in accordance witi�this Agreement l�'ritten notice of default and cancellation shall be made to Agency by first cEass maii, postage prepaid and by certified mai l, ceturca receipt requested, to the following address: Walther Ramos . VP Treasurer Mauntain Rescue Aspen, Inc. 630 W. Main St. Aspen, CO S 1611 6. Entire Agreement: This Agreement constitutes the fult and complete Agreement of the parties hereto and shall not be modified except by a written agreement signed by the paties. 4 �f `I� 5 Mar 18 13 02:51 p Walther Ramos 970-4298061 p.5 1N WITNESS V�%HEREOF,the parties hereto have caused this A�reement to be executed as of the latest date written belo�v. PiTKII�1 COUN'I'Y, COLORADO By: o� C �� �, �_ �' - __ Nancy N. undeen � Date Director of Health&Human Servicesf �'� �f , �, i ;�� �10UNTAIN RES E;`� PEN. ;INC. gy; �, r^ v?�%d //J W alther Ramos �:` Date �VP Treasurer j MailingAddress: 630 W_Main St. Aspen, CO 81611 5 sT �� s�