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HomeMy WebLinkAboutbocc.con.024.2014 Rev. 08-30-l1 jls � COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 024.2014 ORIGINATING DEPARTMENT: Health & Human Services PROCUREMENT OFFICER: Mitzi Ledingham PHONE #: 9709205766 PROJECT NAME: HCF Grant Programs CONTRnCTOR: Challenge Aspen DOLLAR AMOUNT: 9 000.00 LINE ITEM# I 13.85.00541.82184 CONTRACT EXECUTION DATE: 1/1/2014 CONTRACT END DATE: 12/3172016 AUTOMATIC RENEWAL: ❑ YES �NO TERM: 3 yr 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 ([mmigration Form) ❑ Exempt ❑ Contract Renewal � � C/�L� / G�� J6!/�v � ✓ 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 S25K whichever is the lesser must have Counry Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ �No Pages Missing ✓� All Other Blanks Filled In ✓ Q If Page Left [ntentionally Blank—Note on Page ✓❑ All Exhibits Attached ✓ � Page numbered consecutively � ✓❑ All Legal Descriptions attached ('rfopplicable) ✓ � All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached ('rfapplicable, ✓ � All Dates Filled In ✓❑ Warranty(if applicable) ✓ � Special Instructions for Finance Department: please see HCF contract payment worksheet ✓ � Authorized Procurement OfScer'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 OFF[CE WILL KEEP OR[GINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE W[TH THIS CHECKLIST! PITKIN COCT�ITY COMMLJNITY NON-PROFIT PARTNERSHIP GRANT AWARD CHALLENGE ASPEN 2014-2016 Contract Number 24.2014 Ledgcr Number 113.85.00541.82184 This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and Challengc Aspen, hereafter referred to as "Ageqcy". Whcreas, Challenee Aspen, a private non-profit a�ency, provides recreational and cultural activities for individuals with mental and physical disabilities. 1. Term and Renewaf of Aereement: Absent any termination for cause under paraa aph 5 of the Agreement, the term of this Agreemcnt shall continue for a period of three years, From January I,2014, to December 31, 2016, subject to budget appropriation, compliance with.contract obligations, and Board of County Commissioners' approval each year. 2. AQencv Obli;ations: A�ency shall: a) Strictly adhcre to all applicable fedcral, state and loca] laws or regulations that have been or may hereafter be establishcd. b) Compliance with House Bill 06-1023. Perform the following verifications to comply with House Bill 06-1023: Grantees who provide a benefit to persons over the agc of 18 years of age and which rcquirc an individual application from the person who will receive a benefit, are required to verify thc applicanrs legal presencc in the United States. The vcrification of lawful presence requires all applicants l8 years of a�e or oldcr to: i. Produce a valid Colorado drivcr's license or a Colorado identification card; or a United States military card or military dependent's identification � card; or a linited States Coast Guard Merchant �tariner card; or a Native Amcrican Tribal document; and ii. F.xecute an affidavit stating that applieant 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 benetit or a state or local public benefit in violation of para�aph (b) of this section. i. Statutory Exceptions: Excepted from this requirement are the following types of benefits: A. Services for cbildren under age 18; � B. Obtaining health carc items and services necessary for treatment of an emcrgency 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 immunizablc diseases and for testing and treatrnent of symptoms of 1 communicable disease, whe[her or not such sytnptoms 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, sponsnred projects, intergovernmenta!agreements, or rnformation technology services or products and services/Grantee certifies, warrants, and agrees that it docs not knowingly employ or contract with an illegal alien who will perform � work under this Grant and will confirm the employmen[eligibility of all employees who are ncwly hired for cmployment in the United States to perform work under this Grant, through participation in the E-Verify Program or the Department prooram established pursuant to CRS y 8-]7.5-]02(5){c), Grantee shall not knowingly employ or contract with an illegal alien to perform work undcr 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 illcgal alien to perform work under this Grant. Grantce: i. shall not use E-Verify Program or Dcpartment program procedures ro undertake pre-employment screening ofjob applicants while this Grant is being performed ii. shall notify the Subgrantee and the grant�ing State agency within three days if Grantee has actual knowledge that a Subgrantce is employing or contracting with an illegal alien for work under this Grant iii. shall ierminatc the subgrant if a Subgrantee does not stop employing or contracting with thc illegal alien withiu threc days of receiving the notice, and iv. shall comply with reasonable requcsts made in the course of an investigation, undeRaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employmcnt. If Grantce paaicipates in thc Department program, Grantec shall deliver to the granting State agcncy, Institution of•Hibher Education or political subdivision,a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employce, 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 y�8-ll.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminare this Grant for breach and, if so tertninated, Grantee shall be liable for damages. e) Thc Agency shall comply witb any rcasonable request by the Departmeot of Labor and Employment made in the course of an investigation that the Department of Labor and Employmen[ is undcrtaking 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 affordablc 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 hcrc, and the Agency is responsible for the performance of any subcontractoc 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 2rant plus sis years. The above shall be subject at all rcasonable times to inspections, rcview 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 Aaency or whatever is appropriatc for tliat service within Pitkin County. m) Provide the servicc(s)described herein at a cost not greater than charged to other persons. n) Provide semi-annual Performance Measure reports and Financial Rcports. Thcse reports will include the numbcr of unduplicated clients who live and/or work in Pitkin County served by the Agency's proo am(s). This report schedule will repeat annually and is subject to change. i. The tirst report, thc mid-year report, is due August 1, 2014, for the first six months of the grant year. ii. The second repoR is duc January 31, 2015, for the entire period of the grant year. iii. The repoRs will include Agency's annual goals and actual results ycar-to- date, as- wcil as an explanation of any variances observed and the stcps that are to be taken to address those variances. 3. Pitkin Countv's Oblieations: Pitkin County shall: a) County agrees to grant S9,000 to Challcnge Aspen as approved in the County's 2014 budget, which was approvcd by the Board of County Commissioncrs on December 18, 20li. Grant funding will go towards programming, specifically the Recreational, Educational and Cultural (REC) Program, and administrative costs. b) The total amount of this contract shall not exceed $9,000 cash maximum in 201 d. The County will pay Agency the total amount of this grant on or before the last day of March 2014. Payment is contingent upon receipt of mutually agreed upon Performance Measures and satisfactory scmi-annual reports as outlined in section 2(n) oY this contract The return of a completcd contract is required in order to receive payment. 3 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 a�ent, employee, or servant Agency will be solely and entirely responsible for its acts and the act of its agents, employees, servants and subwntractors during the performance of the Grant. b. Payment pursuant to the Grant, if in County, Statc or Fedcral 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 agrccment of the parties and supersedes or incorporates any prior written and oral aa eements 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 meetin�, has authority to entcr into a Grant or to modify the tcrtns of this Grant on bchalf 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 thc perCormance of Agency's � Obligations pursuant to the terms of this Agrecment, and/or fails to provide an accounting or use or appropriation of monies granted in the manncr in which such accounting was represented to the County, Agency shall have thc ri�ht to cure said default aftcr written notice by the County of the default to A�ency. If Agency fails to cure such default within sixry(60) days after written notice is given from the County to Agency specifying the naturc of such default (or if such default cannot be curcd within the aforesaid period of time, if the Agcncy shall Cail to promptly commencc to cure the same and to thcrcafter diligently proceed with such cure), County shall reservc thc ri�ht to cancel Ihis Agreement and make a demand for the return of all monies that County determincs, at its . sole disccetion, wcre not appropriated in accordance with this Agreement. Written notice of default and ca�cellation shall be made to Agency by tirst class mail, postage prepaid and by certified mail, retum receipt rcquested, to thc following address: Houston Cowa❑ CEO Chailenee Aspen P.O. Box 6639 Snowmass Villa`e, CO 81615 6. Entire Aareement: This Agreement constitutes thc full and wmplete Agreement of the parties hcreto and shall not be modified 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, COLORADO BY� �rl_1^.C.�.i1�� J v�_p �.�n � � � .�''C . Nancy N. Sundecn Date Directot of Health & Human $ervices CHALLENGE ASPEN � By: � Houston Cowan Date CEO Mailing Address: Challenge Aspen P.O. Box 6639 Snowmass Villagc, CO 81615 5 ,