HomeMy WebLinkAboutC06-322
AGREEMENT BETWEEN EAGLE COUNTY
AND
EAGLE COUNTY SCHOOL DISTRICT
This Agreement ("the Agreement"), made this 31 st day of October, 2006, between Eagle County,
Colorado ("County") and the Eagle County School District. ("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 60 children between the ages of three and six
years in Eagle County, Colorado.
Article II: TERM
This Agreement shall commence on October 31, 2006 and shall terminate on June 30, 2007.
Article III: COMPENSATION
A. Eagle County agrees to reimburse the Contractor for expenses associated with increasing
child care capacity and assuring quality care. The approved items under this agreement include:
Child sized toilets; vinyl tile surfaces, and playground equipment. Items allowable and not
allowable for reimbursement are detailed in Attachment A. The maximum amount of
reimbursement under this agreement is $ 4,450.
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
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 termination 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.
Article IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES:
A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the public contract for services; or enter into a contract with a subcontractor that fails to
certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under the public contract for services.
B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security, that
the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic
Pilot Verification Program prior to entering into a public contract for services, the contractor shall
apply to participate in the Program every three months until the contractor is accepted or the public
contract for services has been completed, whichever is earlier. Information on applying for the
Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\employerregistration
C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-
employment screening of job applicants while the public contract for services is being performed.
D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, the Contractor
shall be required to:
1. Notify the Subcontractor and the County within three days that the Contractor has actual
knowledge that the Subcontractor is employing or contracting with an illegal alien; and
2. Terminate the Subcontract with the Subcontractor if within three days of receiving
the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor
does not stop employing or contracting with the illegal alien; except that the Contractor
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 an illegal alien.
3. The Contractor shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is undertaking
pursuant to its authority.
4. If a Contractor violates these prohibitions, the County may terminate the contract for a
breach of the contract. If the contract is so terminated, the Contractor shall be liable for
actual and consequential damages to the County.
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Article V.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 (10)
days from the date of the notice. In the event Contractor files for bankruptcy or is declared
bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all
rights of Contractor and obligations of County, except for payment of accrued but unpaid fees
and expenses, shall terminate immediately.
Article VI. 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 October 31, 2006 and December 31,
2009, 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 of funds and seek an amicable resolution with County.
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.
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F. The Contractor agrees to submit a copy of the contractor's child care license and 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 mandatory reporters for suspected child abuse and neglect and are to make those
reports directly to HHS Youth and Family Services Division - (970) 704-2760.
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. 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.
Article VII. 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 Eagle County School District
P. O. Box 660 P. O. Box 740
Eagle, CO 81631 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.
Article VIII. 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.
Article IX. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing and
signed by all parties.
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Article X. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type of Insurance
Workers' Compensation
Employers Liability, including occupational
Disease
Coverage Limits
Statutory
$500,000
Comprehensive General Liability, including
broad form property damage
$150,000 per person and
$600,000 per occurrence or as specified
in the Colorado Governmental
Immunity Act, whichever is greater.
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.
Article XI. 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, staff time 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.
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 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.
E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
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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 31 st of the 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 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.
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.
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.
CONTRACTOR: Eagle County School District
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Attachment A
ALLOWABLE ACTIVITIES 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 ofresource 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 THAT 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 I 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.
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