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Home My WebLink Aboutbocc.con.034.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 34-2007 Originating Department/Division: Health & Human Services Contact Person: Susan Berdahl Project Name: Healthy Community Fund grants D BOCC AGENDA ITEM (BOCC signature required) Phone #: 920-5766 ~STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: ~None DInformal DFormal DSole Source DEmergency DState Bid D Check Contract Tvpe: Dollar Amount: $250 D ServicesIMaintenance DLicense/Use DLease DConstruction DGoods, Equipment, Supplies DOther (e.g. revenue) Contractor/Business Graduation Contract Execution 2/5/07 Automatic Renewal Budget Line Item/Ledger Number 113.85.00541.82163 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) ~Non-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Complete Name: Aspen High School Project Contract End Date: 12/31/07 Term of Contract: 3 years ifin compliance; annual approval All Contracts should be proofed for the following: ~No Pages Missing DIf a Page is Left Intentionally Blank -Note on Page ~Page numbered consecutively ~All Signatures Affixed ~All Dates Filled In ~All Other Blanks Filled In DAll Exhibits Attached DAll Legal Descriptions Attached (if appropriate) DNotice of AwardIProceed Attached (if appropriate) DSpecial Instructions for Finance Department: ~Sent to Clerk and Recorder for Scanning/Archiving ~Authorized Staff Person's Name: Susan Berdahl BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES 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. \ PITKIN COUNTY COMMUNITY NON-PROFIT PARTNERSHIP GRANT AWARD ASPEN HIGH SCHOOL PROJECT GRADUATION, 2007-2009 Contract Number 07-34 LedgerNumber //.3. 9's. (JC>S?!/' JC'.;l/CP3 This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and Aspen High School Project Graduation, hereafter referred to as "Agency". Whereas, Aspen High School Project Graduation, a private non-profit agency, is providing a safe, drug-free and alcohol-free graduation night event, and whereas Pitkin County wishes to award a grant for the provision ofthese services: 1. Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of the Agreement, the term of this Agreement shall be for a period of three years, subject to budget appropriation, compliance with contract obligations, and Board of County Commissioners approval each year. 2. Agency Obligations: Agency shall: a) Strictly adhere to all applicable federal, state and local laws or regulations that have been or may hereafter be established. 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 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 oflawful 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 11. 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 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 an emergency medical condition ofthe person involved and not related to an organ transplant; C. Short-term, iR-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 1 1- 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) Compliance with House Bill 06-1343. In compliance with House Bill 06-1343, amending Title S of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Agency shall not: i. Knowingly employ or contract with an illegal alien to perform work under this contract, or; 11. Enter into a contract with a subcontractor that fails to certify to the Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. e) In compliance with House Bill 06-1343 enacted by the General Assembly of the State of Colorado: 11. The Agency shall verify or attempt to verify through farticipation in the Basic Pilot Program [created in Public Law 20S, 104t Congress, as amended and expanded in Public Law 156, 10Sth Congress, as amended, that is administered by the United States Department of Homeland Security] that the Agency does not employ any illegal aliens and, ifthe Agency is not accepted into the Basic Pilot Program prior to entering into this contract, the Agency shall apply to participate in the Basic Pilot Program every three months until the Agency is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective ifthe Basic Pilot Program is discontinued. iii. The Agency shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. IV. If the Agency obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Agency shall be required to: A. Notify the subcontractor and the County within three days that the Agency has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (A) of this paragraph (e) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Agency shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. f) The Agency shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the 2 3 Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. S 8-17.5-102. g) 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. h) Shall maintain an affordable sliding-fee scale schedule for its services in order to accommodate low-income individuals. i) 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. j) Abide by all applicable provisions ofthe Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title XX ofthe Social Security Act of 1975 as revised. k) Maintain written requirements for safeguarding client information and comply with the same. 1) 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. m) Provide the services at the location as shown as the address of the Agency or whatever is appropriate for that service within Pitkin County. n) Provide the service(s) described herein at a cost not greater than charged to other persons. 0) Provide semi-annual Performance Measure reports and Financial Reports. These reports will include the number ofunduplicated clients who live and/or work in Pitkin County served by the Agency's program(s). i. The first report is due August 15,2007, for the first six months ofthe grant year. n. The second report is due January 31, 2008, for the entire period of the grant year. n!. 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 be taken to address those variances. 3. Pitkin County's Obligations: Pitkin County shall: a) County agrees to grant $250 to Aspen High School Project Graduation, as approved in the County's 2007 budget, which was approved by the Board of County Commissioners on December 20, 2006. The grant is to support a safe, drug-free and alcohol-free 2007 graduation night event. b) The total amount of this contract shall not exceed $250 cash maximum in 2007. The County will pay Agency the total amount of this grant on or before the last day of March 2007. Payment is contingent upon receipt of mutually agreed upon Performance Measures and satisfactory semi-annual reports as outlined in section 3 y 2(0) of this contract. The return of a completed contract is required in order to receive payment. c) As a Partnership grantee, continued funding for 200S and 2009 is subject to budget appropriation, compliance with contractual obligations, and the Board of County Commissioners approval each year. 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 of the Grant. b. Payment pursuant to the Grant, ifin County, State or Federal funds, whether in whole or in part, is subject 0 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 ofthe 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 ofthe 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 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: Aspen High School Project Graduation Dana Laughren c/o Pitkin County Dry Goods 520 East Cooper Avenue Aspen, CO 81611 4 ~ 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as ofthe latest date written below. PITKIN COUNTY, COLORADO By: ~\.a\l' L<--\ {\ 000 v~.e v" Nancy N. Sundeen " Director of Health & Human Services Zb "'-/ 0 7 ate ASPEN HIGH SCHOOL pROJ.r:CT GRADUATION 4 1/ / By: Y. ~~. t V'I.. Dana Laughre'fr' i \) ;' , I . Aspen High Schoo{PrdjeC't Graduation c/o Pitkin County Dry Goods 520 East Cooper Avenue Taxpayer ill Number Aspen, CO 81611 ;-rJe 1I1- Date 71/J d::' ) 1.1-1 t: i~ r- <::-0 Cj~'.. ()t7"$:::;- 5 o