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HomeMy WebLinkAboutC02-052 Eagle Valley Child Care Associationk AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE VALLEY CHILD CARE ASSOCIATION THIS AGREEMENT, made and entered into this 1 9­46 day of March, 2002 by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County ") and Eagle Valley Child Care Association, a Colorado non -profit corporation, (hereinafter referred as the "Contractor "). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE A. The county hereby contracts with the Contractor for pediatric occupational therapy consultation to infant- toddler programs offered by licensed child care providers with the purpose of assisting staff in providing appropriate developmental and motor and feeding activities with children under the age of 36 months. Specifically, the Contractor will employ a licensed and qualified pediatric occupational therapist to provide consultation and training on site with licensed providers of infant- toddler care in Eagle County, Colorado. B. Services Unit Cost - The County will reimburse the Contractor $25/hour of pediatric occupational therapy services and mileage reimbursement at the rate of .345 cents per mile for the purposes designated above. The Contractor may not assess a fee to participants. The maximum amount of this contract shall be $ 7500. Eagle County Health & Human Services through its Director or designee will authorize consultation and training services for identified child care programs in writing. Services not pre - authorized will not be reimbursed. Licensed child care homes and child care centers and Early Head Start programs are eligible to request consultation and participate in the training. C. Billing for Services - The Contractor shall submit to the County a statement of services provided to authorized participants from child care homes, child care centers and Early Head Start. The Contractor will provide an accounting of staff and mileage expenses for pediatric occupational therapy training. Payment for authorized services will be made by the County in accordance with its usual bill paying cycle. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence March 12, 2002 and end December 31, 2002. However, the County may terminate the contract between the County and the Contractor on ten days notice of it is deemed by the County that the Contractor is not fulfilling the program as specified in this agreement, or for other sufficient reasons as determined in the sole discretion of the County. Any funds not properly expended according to project objectives will be returned to the County. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared bankrupt, or dissolves, the County may declare in writing that this Agreement is. terminated, and all rights of the Contractor and obligations of the County shall terminate and cease immediately. t Agreement between EAGLE COUNTY and Eagle Valley Child Care Association - Page 2 3. CONTRACTOR'S DUTIES The Contractor shall comply with the following requirements: A. All funds received under this Agreement shall be expended solely for the purpose for which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B. The Contractor shall maintain adequate records of matching expenditures for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. C. The Contractor authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the parties, with 48 hours written notice, for the purpose of evaluating performance under this Agreement. D. The contractor shall be responsible for complying with the applicable rules and laws governing the practice of law in Colorado, and the Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 4. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: THE CONTRACTOR Eagle County Health & Human Services P.O. Box 660 Eagle, CO 81631 Eagle Valley Child Care Association P.O. Box 1700 Vail, CO 81657 Mailed notices will be deemed given 3 days after the date a deposit in a regular depository of the US Postal Service. 5. MODIFICATION /ASSIGNMENT The contractor shall not assign any rights or duties under this Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. This contract shall not be modified unless agreed to in writing by the parties. 6. MISCELLANEOUS A. The parties to this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns, provided, however, that neither party may assign nor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. Agreement between EAGLE COUNTY and Eagle Valley Child Care Association - Page 3 C. In the event that a dispute should arise relating to the Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. D. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its Commissions, agencies, departments, officers, agents, employees, servants, and its successors from any and all demands, losses, liabilities, claims or judgements, together with all costs and expenses incident thereto which may accrue against, be charged to or be recoverable from the County, its Board of County Commissioners, and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the acts or omissions of Contractor, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its privileges or performance of its obligations under this Agreement. F. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. G. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101 et seq.) And the TABOR Amendment (Colorado Constitution, Article X, Sec.20). H. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. I. Integration. This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in this agreement. J. Contractor hereby certifies that it has read the agreement, understands each and every term and the requirements set forth herein, and agrees to comply with the same. Agreement between EAGLE COUNTY and Eagle Valley Child Care Association - Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on �, 2002. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. ATTEST: WA Cler Cou County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS CONTRACTOR: Eagle Valley Child Care Association BY: C} ' '5-, A 00-102/K TITLE: