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Home My WebLink Aboutbocc.con.087.2002 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Community Relations Contact Person: Connie Overton Phone#: X5766 Check Contract Type: Services CONTRAC'��Y2- Maintenance License/Use Lease Construction Purchase Employment Intergovernmental Agreement (Requires BOCC Action) _X_Non-Profit Quasi-Public Grant Agreements (Requires BOCC Action) Other Signatures Required: Under 25K—Department Head 25-50K—Department Head (if appropriate), Section Leader Over 50 K—Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): Independence Pass Foundation Contract Start Date: _January 1, 2002_ Contract End Date: —December 31, 2002_ Automatic Renewal (Y/N): _N All Contracts should be proofed for the following: • No Pages Missing • If a Page is Left Intentionally Blank—Note on Page • Page numbered consecutively • All Signatures Affixed • All Dates Filled In • All Other Blanks Filled In • All Exhibits Attached • All Legal Descriptions Attached (if appropriate) • Notice of Award/Proceed Attached (if appropriate) Sen o Clerk and order f Scanning/Archiving D e) 4/30/02 Authorized Staff Person Signature of authorized staff person indicate that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. CONTRACr. �7-70 Z PITKIN COUNTY COMMUNITY RELATIONS GRANT AWARD INDEPENDENCE PASS FOUNDATION,2002 THIS GRANT, is made as of the date last below signed between Pitkin County herein referred to as "County", and Independence Pass Foundation, hereafter referred to as "Agency". Whereas, Independence Pass Foundation promotes and protects the geological, historical and aesthetic integrity of the Independence Pass corridor for the safety and enjoyment of all who use the Pass: 1. Term. Subject to its other provisions, the term of the Grant shall be from 1st day of January 2002,through the 31 st day of December 2002 2. Agency's Obligations. Agency shall: a) Strictly adhere to all applicable federal, state, and local laws or regulations (including County Procurement Code)that have been or may hereafter be established. b) Hold and maintain for the term hereof the necessary license(s) as specified under State law which permits the performance of the service(s)to be provided c) Shall maintain a sliding-fee scale schedule for its services in order to accommodate low-income individuals. d) 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. e) 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. f) Maintain written requirements for safeguarding client information and comply with the same. g) Maintain service program records, fiscal records, documentation and other records relevant to this Grant for a period of five 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. h) Provide the services at the location as shown as the address of the Agency or wherever is appropriate for that service within Pitkin County. i) Provide the service(s) described herein at a cost not greater than charged to other persons. j) Provide a semi-annual PROGRESS REPORT on services provided. 3. Pitkin County's Obligations. Pitkin County shall: County agrees to grant $15,000.00 to Independence Pass Foundation as approved in the County's 2002 budget, which was approved by the Board of County Commissioners on December 19, 2001. The grant is to support the general operations of Independence Pass Foundation for the continuing work of wall stabilization work at the Top Cut of Independence Pass. The total amount of this one-time grant shall not exceed $15,000.00 maximum. The County will pay Agency the full amount of this grant on or before the last day of March 2002. Annual payment is contingent upon the County's receipt of satisfactorily semi-annual reports. - 1 - 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 of Agency shall be deemed to be an employee, agent, or servant of County. Agency will be solely and entirely responsible for its acts and the act of its agents, employees, servants and sub-contractors during the performance of the Grant. b) Payment pursuant to this 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. Default/Cancellation. 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 for 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: Mark Fuller Director Independence Pass Foundation PO Box 1700 Aspen, CO 81612. In the event this Agreement becomes subject to Default/Cancellation, the County, at its sole discretion, may determine that Agency is ineligible to apply for future awards from Pitkin County. 6. Entire Agreement. 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. - 2 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY,C;O�LORADO By ` V\ t \ �, ' A 4 O_V'\ Nancy N. Sundeen Date Director of Community Relations APPROVED AS TO FORM: �T John Ely / Date L,-�irtty Attorney 7PTD AS TO FO . 'kn stin ja0te Jewkes Risk Management DE ENDENCE FOUNDATION By: 2 25 b'y Mark Fu er Date Independence Pass Foundation Mailing Address: PO Box 1700 Aspen, CO 81612 ATTEST: STATE OF COLORADO.117 ) ss. COUNTY OF -t-0 ) The foregoing was acknowledged before me this Z aay of-� 2002,by M/*#2 agent Independence Pass Foundation. Witness my hand and official seal. Nota Public f g U Address My Commission expires: - 3 -