HomeMy WebLinkAboutC06-162
AGREEMENT BETWEEN EAGLE COUNTY
AND
BLUE LAKE PRESCHOOL, INC.
This Agreement ("the Agreement"), made this 16th day of May, 2006, between Eagle County,
Colorado ("County") and Blue Lake Preschool, Inc. ("Contractor"),
WITNESSETH:
Whereas, County, through its Department of Health and Human Services ("HHS"), works to
promote the health, safety and welfare of County residents of all ages; and
Whereas, among the services County provides in order to promote such health, safety and
welfare are funds to enhance the quality of the community licensed child care; and
Whereas, Contractor is a provider of licensed child care and wishes to contract with County to
provide such services to County residents in need thereof.
Now, therefore, in consideration of the foregoing premises and the following promises, County
and Contractor enter into this Agreement.
Article I: SCOPE
Contractor shall provide licensed care for up to 76 children between the ages of 6 weeks and six
years in Eagle County, Colorado.
Article II: TERM
This Agreement shall commence on May 16, 2006 and shall terminate on December 30, 2006.
Article III: COMPENSATION
A. Eagle County agrees to reimburse the Contractor for quality improvement activities that are based
on an independently assessed and recommended quality improvement plan. The approved items
under this agreement include: salary for a float staff during breaks; professional development;
automatic faucets for sinks; infant and toddler room blocks; serving utensils for meals; classroom
lockers for staff. Items allowable and not allowable for reimbursement are detailed in Attachment A.
The maximum amount of reimbursement under this agreement is $ 9,546.
B. If, prior to payment of compensation or reimbursement for services but after submission to
County of a request therefor by Contractor, County reasonably determines that payment as
requested would be improper because the services were not performed as prescribed by the
provisions of this Agreement, the County shall have no obligation to make such payment. If, at
any time after or during the Term or after termination of this Agreement as hereinafter provided
1
or expiration of this Agreement, County reasonably determines that any payment theretofore
paid by County to Contractor was improper because the services for which payment was made
were
not performed as prescribed by the provisions of this Agreement, then upon written notice of
such determination and request for reimbursement from County, Contractor shall forthwith
return
such payment to County. Upon tennination of this Agreement as hereinafter provided or
expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith
be returned to County.
IV. TERMINATION
County may terminate this Agreement at any time and for any reason or no reason upon written
notice to Contractor specifying the date of termination, which date shall be not less than ten (l0)
days from the date ofthe notice. In the event Contractor files for bankruptcy or is declared
bankrupt or dissolves, County may declare in writing that this Agreement is tenninated, and all
rights of Contractor and obligations of County, except for payment of accrued but unpaid fees
and expenses, shall tenninate immediately.
V. CONTRACTOR'S DUTIES
A. All funds received by Contractor under this Agreement shall be or have been 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. The Contractor agrees to enter into and maintain a child care fiscal agreement with Eagle
County and to accept children under the Colorado Child Care Assistance Program (CCAP) who
are appropriate for the Contactor's program. The Contractor is not required to give priority to
CCAP eligible children.
C. The Contractor shall comply with all applicable rules and laws governing the licensing of
child care programs by the Colorado Division of Child Care. The Contractor shall be solely
responsible for ensuring proper licensing and credentialing of those providing services under this
Agreement. If the program fails to be licensed between May 16,2006 and December 31,2008,
all funds provided under this agreement shall be reimbursed by the Contractor to the County.
D. Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic
records for reporting to County on performance if its responsibilities hereunder. Contractor shall
be subject to financial audit by federal, state or county auditors or their designees. Contractor
authorizes County to perform audits or to make inspections during normal business hours, upon
48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement.
Contractor shall cooperate fully with authorized HHS representatives in the observation and
evaluation of the program and records. Contractor shall have the right to dispute any claims of
misuse offunds and seek an amicable resolution with County.
2
E. In rendering its services hereunder, Contractor shall comply with the highest standards of
customer service to the public. Contractor shall provide appropriate supervision of its employees
to ensure the maintenance of these high standards of customer service and professionalism, the
performance of such obligation to be determined at the sole discretion of County. In the event
that County finds these standards of customer service are not being met by Contractor, County
may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor.
F. The County requests the Contractor to submit a copy of the contractor's child care license and
submission of a CCAP fiscal agreement to the County.
G. 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.
H. Contractor shall notifY HHS immediately of all reports of suspected child abuse or neglect
involving Contractor, including, but not limited to, employees, volunteers and clients. HHS
contractors are considered to be mandatory reporters for suspected child abuse and neglect and
are to make those reports directly to HHS Youth and Family Services Division -
(970) 328-8840.
K. The Contractor shall submit receipts for expenditures to the County. Reimbursement for
expenditures will be paid through the County's usual bill paying process. Billings must be
submitted by the fifth working day of the subsequent month in order to be eligible for
reimbursement, except that billings for services provided through December 30, 2006 must be
submitted by January 5, 2007 in order to be eligible for reimbursement. All requests for
reimbursement must be documented with receipts. The Contractor may request advances on
expenses. All advances on expenses must be reconciled with receipts to Eagle County HHS at
the close of the following month.
VI. NOTICE
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Blue Lake Preschool, Inc
P. O. Box 660 (mailing address) 0189 JW Drive, Suite C
(551 Broadway - physical location) Carbondale, CO 81623
Eagle, CO 81631
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of
the United States Postal Service.
3
VII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. County shall terminate this Agreement in the event
of any assignment without its prior written consent of County.
VIII. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing and
signed by all parties.
IX. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type of Insurance Coverage Limits
Workers' Compensation Statutory
Employers Liability, including occupational
Disease $500,000
Comprehensive General Liability, including $150,000 per person and
broad form property damage $600,000 per occurrence or as specified
in the Colorado Governmental
Immunity Act, whichever is greater.
Professional Liability Insurance $ 500,000 per occurrence
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement.
X. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of
County .
B. In the event of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attorney fees, costs, stafftime and
other claim related expense.
C. 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.
4
D. Contractor shall indemnifY and hold harmless 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 charged to or be recoverable from County, its Board of Commissioners, and the
individual members thereof, its agencies, departments, officers, agents, employees, servants and
its successors, as a result ofthe 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.
E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after, December 31st ofthe calendar year of the Term of this Agreement, without
an appropriation therefore by 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).
G. This Agreement shall be governed by the laws ofthe 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.
H. 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.
I. 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 County because of any breach hereof or because of any
of the terms, covenants, agreements and conditions herein.
J. Contractor 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.
5
In Witness Whereof, County and Contractor have executed this Agreement in triplicate on the
date set forth above. Two counterparts have been delivered to County and one to Contractor.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its Board of County Commissioners
Blue Lake Preschool, Inc
6
Attachment A
ALLOW ABLE A CTIVITIES UNDER
THE CHILD CARE AND DEVELOPMENT FUND
Funds may be spent for the following:
. Activities designed to provide comprehensive consumer education to parents and the public;
. Activities that increase parental choice;
. Activities designed to improve the quality and availability of child care; this may include the purchase of
equipment and/or supplies purchased as a part of a plan or project specifically designed to increase the
quality of child care.
. Operating directly, or providing financial assistance, for the development, establishment, expansion,
operation, and coordination of resource and referral programs specifically related to child care;
. Making grants or providing loans to child care providers to assist such providers in meeting applicable
State, local, and tribal child care standards, including applicable health and safety requirements;
. Providing training and technical assistance in areas appropriate to the provision of child care services,
e.g.; training in health and safety, nutrition, first aid, the recognition of communicable diseases, child
abuse detection and prevention, and care of children with special needs;
. Improving salaries and other compensation (such as fringe benefits) for full-and part-time staff who
provide child care; and
. Minor remodeling to upgrade child care facilities to assure that providers meet State and local child care
standards, including applicable health and safety requirements. This may include sectarian organizations.
. Any other activities that are consistent with the intent of this section.
ACTIVITIES THA T ARE NOT ALLOWED UNDER THE CHILD CARE AND DEVELOPMENT FUND
Funds may not be spent for the following:
. The purchase or improvement of land,
. The purchase, construction, or permanent improvement of any building or facility.
. Sectarian purposes or activities with the exception of minor remodeling to upgrade child care facilities as
described above.
. Tuition. Funds may not be expended for students enrolled in grades 1 through 12 for:
- Any service provided to such students during the regular school day;
- Any service for which such students receive academic credit toward graduation;
- Any instructional services that supplant or duplicate the academic program of any public or private
school.
. Used as the non-Federal share for other Federal grant programs.
7
