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HomeMy WebLinkAboutC04-372 Jeanne McQueeneyCaf-~3~~- za AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND JEANNE McQUEENEY THIS AGREEMENT made this 16th day of November, 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and Jeanne McQueeney, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on August 1, 2004 and shall end on December 30, 2004. 2. SCOPE: The Contractor will provide early childhood staff development services, which will include assessment, consultation and coaching services for staff. Specifically, to assist staff in obtaining their Child Development Associate (CDA) credential by: - Assisting staff in organizing their portfolios - Observing the home visitors work with children - Assisting staff in initiating the parents of the children they work with to complete a questionnaire about the home visitors skills - Assisting home visitor in writing their goals for children and what they want the child to achieve - Assisting home visitor in compiling a file of professional resources to use in daily work - Preparing home visitor for written examination about principles of developmentally appropriate practice - Participating in an interview about the home visitors practice with children and families - Writing waivers as needed for bilingual specialization. The Contractor will be reimbursed for services at the hourly rate of $40. Travel to meet with staff will be reimbursed at a rate of $20/hour; mileage at the rate of .345 per miles The maximum amount of this agreement is $600. The Early Childhood Services Manager will authorize services. The County will provide CDA information packets, dates of completion for each staff, and the cost of associated CDA fees. 3. TERMINATION: The County may terminate this Agreement upon ten (10) days written notice to Contractor if it is deemed by the County in its sale discretion, that the Contractor is not fulfilling the program as specified in this Agreement, or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any funds not properly expended according to project objectives shall be returned by Contractor to County. The Contractor may terminate this Agreement upon ten (10) days written notice to County if it is deemed by the Contractor in its sole discretion the County is not fulfilling the terms of this agreement, or for any other reason. In addition, the County will be responsible to pay for any properly expended funds according to the terms of this agreement. In the event the Contractor becomes insolvent, 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. 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All funds received by Contractor under this Agreement shall be expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate financial and programmatic records 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. The Contractor hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours written notice to Contractor, for the purpose of evaluating performance under this Agreement. The Contractor will allow access to and cooperate with authorized Health & Human Services representatives in the observation and evaluation of the program and records. The Contractor shall have the right to dispute any claims of misuse of funds to the extent allowable by law. C. Customer Service/Termination: In rendering its services, Contractor shall comply with the highest standards of customer service to the public, determined at the sole discretion of the County. In the event that the County fords the Contractor is not meeting these standards of customer service, the County may terminate this Contract, upon providing notice to the Contractor as set forth in Section 3. D. The Contractor will provide written monthly reflection reports to the Early Childhood Services Manager by the end of each month to include number of visits with staff and accomplishments. B. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. F. Contractor shall safeguard information and confidentiality of her work with staff and the program. G. The Contractor shall submit monthly billings to the County within 10 days following the end of the month. Billings shall identify staff costs by participating program and by program component. Non-personnel costs may be submitted on an overall program basis. Payroll C. In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs, staff time and any other claim related expense. D. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, incident thereto which may accrue against, be chazged to or be recoverable from the County, its Boazd of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, 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. Both parties shall comply with all applicable laws, resolutions, and codes. G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31St of the 2004 calendaz yeaz during the term of this Agreement, without the appropriation therefore by the County in accordance with a budget adopted by the Boazd 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. This Agreement supersedes all previous communications, negotiations and/or agreements 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. No alterations, amendments, changes, or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. K. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. Thy parties hereto have signed this Agreement in triplicate. Two counterparts have ~;; ne to the Contractor. been delivered to ~' ' ~~ .~ w ~ ~*~~ ~ A COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners Stone, Chairman the Board of Jeanne McQueeney By. i ~ `~ P,