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HomeMy WebLinkAboutbocc.con.059.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 59-2007 Originating Department/Division: Health & Human Services Contact Person: Susan Berdahl Project Name: Healthy Community Fund grants Phone #: 920-5766 D BOCC AGENDA ITEM (BOCC signature required) [8JSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: [8JNone DInformal DFormal DSole Source DEmergency DState Bid D Check Contract Tvpe: DServices/Maintenance DLicense/Use DLease DConstruction DGoods, Equipment, Supplies DOther (e.g. revenue) Bndget Line Item/Ledger Number 113.85.00541.82186 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) [8JNon-Profit DQuasi -Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Dollar Amount: $5,000 Contractor/Business RADIO Contract Execution Automatic Renewal Complete Name: KAJX, ASPEN PUBLIC 2/5/07 NO Contract End Date: 12/31/07 Term of Contract: annual All Contracts should be proofed for the following: [8JNo Pages Missing DIf a Page is Left Intentionally Blank -Note on Page [8JPage numbered consecutively [8JAll Signatures Affixed [8JAll Dates Filled In [8JAll Other Blanks Filled In DAll Exhibits Attached DAll Legal Descriptions Attached (if appropriate) DNotice of AwardIProceed Attached (if appropriate) DSpecial Instructions for Finance Department: [8JSent to Clerk and Recorder for Scanning/Archiving [8JAuthorized 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. Amended 10 16 06 & /?J-m-L I ~e5 PITKIN COUNTY COMMUNITY NON-PROFIT ANNUAL GRANT A WARD KAJX, ASPEN PUBLIC RADIO. 2007 Contract Number 07-59 LedgerNumber //1.f5".tb5l(l. r.n:i'p This Grant is made as of the date last below signed between Pitkin County, herein referred to as "County", and KAJX, Aspen Public Radio, hereafter referred to as "Agency". Whereas, KAJX, Aspen Public Radio, a private non-profit agency, is providing public radio prograrmning for local listeners, and whereas Pitkin County wishes to award a grant for the provision of these servIces: 1. Term and Renewal of Agreement: The term of this Agreement is from January 1, 2007 to December 31,2007. 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 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 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 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 communicable disease, whether or not such symptoms are caused by immunizable diseases; 1 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 8 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 ~articipation in the Basic Pilot Program [created in Public Law 208,104' Congress, as amended and expanded in Public Law 156, 108'h Congress, as amended, that is administered by the United States Department of Homeland Security] that the Agency do.es not employ any illegal aliens and, if the 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 if the Basic Pilot Program is discontinued. 111. 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 Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) ofC.R.S. S 8-17.5-102. 2 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 proyided 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 of the Social Security Act of 1975 as revised. k) Maintain written requirements for safeguarding client information and comply with the same. I) 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 of the grant year. 11. The second report is due January 31,2008, for the entire period of the grant year. 111. 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 Countv's Obligations: Pitkin County shall: a) County agrees to grant $5,000 to KAJX, Aspen Public Radio, 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 the general operation costs of providing quality public radio broadcasting including local news and public affairs programming. b) The total amount of this contract shall not exceed $5,000 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 2(0) of this contract. The retum of a completed 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 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 ofthe Grant. b. Payment pursuant to the Grant, if in 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 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 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: Brent Gardner-Smith Executive Director KAJX Aspen Public Radio 110 East Hallam St, #134 Aspen, CO 81611 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. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORADO r', ., C' By: \ rU'-C~.A \J, --:J ~,~ Q 0 vl'\ NancyN. Sundeen "- Director of Health & Human Services "2--;--DI Date By: Brent Date Executive Director KAJX Aspen Public Radio 110 East Hallam St, # 134 Aspen, CO 81611 Taxpayer ID Number 5