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HomeMy WebLinkAboutC07-023 Eagle Valley Child Care AssociationEAGLE VALLEY CHILD CARE ASSOCIATION Miller Ranch Child Care Center and Vail Child Care Center Business Partners Agreement with Eagle County Government THIS AGREEMENT, made on this 23rd day of January, 2007, by and between the Eagle Valley Child Care Association, hereinafter called "EVCCA" and Eagle County Government, hereinafter called "Business Partner". THAT, In consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE The Business Partner agrees to provide a payment of $ 11,250 annually, $ 2,812.50 quarterly, to EVCCA for the purposes of reserving five day a week annual child care space at the Miller Ranch Child Care Center and Vail Child Care Center programs provided by EVCCA as noted in Attachment A and making child care available to working parents at a reduced rate (subject to Colorado State Law). The number of reserved child care spaces may be mutually amended during the term of this Agreement. As a Business Partner, child care space is being reserved in the Business Partner's name for employees. Business Partners will have priority to reserve additional child care spaces in return for annual child care contributions, as established by EVCCA, as child care space becomes available, based on the date and time priority of this agreement. As a Business Partner, Eagle County Government will have an opportunity to renew their contribution and reserved child care space(s) on an annual basis at a rate established by EVCCA, based on current annual operating costs of the child care facility. PERIOD OF AGREEMENT The term of this Agreement shall commence on January 1, 2007 and terminate on December 31, 2007. Either party may terminate the contract between EVCCA and the Business Partner (therefore terminating this agreement) on 10 days notice if it is deemed that the other party is not meeting the terms of this agreement. Notwithstanding anything contained herein to the contrary, Business Partner may terminate this Agreement at the end of any annual term by giving EVCCA thirty (30) days written notice prior to the expiration of the then existing term. n ..-, ^11J'Xd -Ni Notwithstanding the above, in the event the Business Partner becomes insolvent, or is declared bankrupt, or dissolves, then the EVCCA may declare in writing that this Agreement is terminated, and all rights of the Business Partner and obligations of the EVCCA shall thereupon terminate and cease immediately. Should the EVCCA become insolvent, bankrupt, or dissolve, or fails to maintain its license as a child care facility under the State of Colorado, the Business Partner may declare in writing that this Agreement is terminated, and all responsibilities of the Business Partner shall thereupon terminate and cease immediately. 2. Founding Partner Responsibilities The Business Partner agrees to make a quarterly advance payment of $ 2,813 for the January- March, 2007 quarter on or before January 30, 2007 to EVCCA in return for reservation of each child care space. The total number of spaces reserved under this agreement is noted in Attachment A. The Business Partner agrees to identify in writing to EVCCA the employee(s) who is/are authorized to use the child care space(s) reserved under this agreement. The parties acknowledge that Business Partner is a governmental entity. The funds appropriated for this project are equal to or in excess of the contract amount. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to Business Partner nor shall any payment be made to EVCCA in excess of the above amounts without the written approval of the Business Partner in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of the Colorado Revised Statutes. No provisions of this Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Business Partner. No provision of this Agreement shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other financial obligation of Business Partner within the meaning of any constitutional or statutory debt limitation. 3. Eagle Valley Child Care Association Responsibilities EVCCA agrees to reserve child care spaces as noted in Attachment A at the Vail Child Care Center and Miller Ranch Child Care Center for the employees of the Business Partner. Child care will be available through EVCCA, Monday through Friday from 7:30AM to 5:30PM. Children who are acutely ill, who have a fever or contagious illness will not be accepted for care based on the sole discretion of child care staff. Children who have a chronic illness or disability will be accepted based on the ability of EVCCA to provide appropriate care and supervision without additional staff or program expenditures. All funds received under this agreement shall be expended solely for the purpose of fulfilling this contract. In the event such funds are lost or diverted to other purposes other than those provided herein, the Business Partner may request those funds be returned to the Business Partner. In order to resolve the discrepancy that may result under this Section 3, the parties herein agree first to subject the dispute to mediation. If that attempt at resolution is unsuccessful, the Business Partner has the right to pursue the action in a court of proper jurisdiction for an adequate remedy at law. EVCCA agrees to notify the Business Partner if the employee(s) designated for the reserved spaces fails to use the child care space for any period exceeding ten (10) days. EVCCA agrees to maintain a safe and appropriate child care facility under the licensing requirements of the State of Colorado, Division of Child Care. The EVCCA license for child care shall be in full force and effect throughout the terms of this agreement. EVCCA agrees to establish a parent advisory council to assure parent involvement in the development of responsive early childhood care and development services. 4. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, and addressed to the following: EVCCA BUSINESS PARTNER: P.O. Box 1710 Eagle County Government Vail, CO 81657 Human Resources P. O. BOX 850 Eagle, CO 81631 5. MODIFICATIONS AND WAIVER The Business Partner shall not assign any rights or duties under this Agreement to a third party without the written consent of EVCCA. EVCCA has the right to unilaterally determine the acceptability of the third party to the EVCCA. Any effort to effect such an assignment without the written consent of the EVCCA will terminate the Agreement immediately at the option of the EVCCA. 6. INSURANCE At all times during the terms of this Agreement, EVCCA shall maintain the following insurance: Type of Insurance Worker's Compensation Employer's Liability, including occupational disease Comprehensive General Liability, including form property damage Coverage Limits Statutory $500,000 $150,000 per person and $600,000 per broad occurrence 7. MISCELLANEOUS A. The parties of this agreement intend that the relationship of the Business Partner to EVCCA is that of an independent contractor. No agent, employee or volunteer of the EVCCA shall be deemed to be and agent, employee or volunteer of the Business Partner. B. This Agreement shall be binding upon and inure to the benefit of the EVCCA and the Business Partner and the 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. C. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. D. The validity of unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. The EVCCA shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. 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 the EVCCA 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. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. This Agreement may be executed in separate counterparts and by facsimile signature, by one or more of the parties hereto, each of which for all purposes is deemed an original, and all of which, collectively, constitute one original document. L The EVCCA 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 any subcontractor that fails to certify to the EVCCA that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. J. The EVCCA 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 EVCCA does not employ any illegal aliens. If the EVCCA is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the EVCCA shall apply to participate in the Program every three months until the EVCCA 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://w-ww.vis-dhs.com\employerregistration The EVCCA 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. K. If the EVCCA obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the EVCCA shall be required to: i. Notify the subcontractor and the County within three days that the EVCCA has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. 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 EVCCA 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. L. The EVCCA 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. M. If the EVCCA violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the EVCCA shall be liable for actual and consequential damages to the County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date cited above. One counterpart each has been delivered to the EVCCA and the Business Partner. EAGLE VALLEY CHILD CARE ASSOCIATION BY r02�6 J6ower, President, Board of Directors BUSINESS PARTNER: Eagle County Government BY: �L - 4 &- /"., TITLE: Chairman, Board of County Commissioners Plln . �..z,,, Attachment A Eagle County Government Business Partner Spaces — 2007 Vail Child Care Center Effective January 2, 2007 — 4 days/week :.80 Business Partner (1 a) one 2 day/week toddler space - Cecilia Zalinger (HHS) $ 1125/quarter (2 days) (lb) one 2 day/week space (shared with Town of Vail) for Josh Stowell (Communications) $ 1125/quarter (2 days) Miller Ranch Child Care Center —17 days/week: 3.4 Business Partner Effective February 12, 2007 (1) one 2 day a week toddler space — Cecilia Zalinger $ 1125/quarter (2 days) Effective March 5, 2007 (2) one 5 day/week infant space — Eva Wilson (Engr) $ 2812.50/quarter Effective April, 2007 (3) one 5 day a week infant space — Lachie Thomas (Communications) $2812.50/quarter Effective June 1, 2007 (4) one 5 day/week preschool space - Beatriz Garcia (HHS) $ 2812.50/quarter Additional Spaces may be reserved depending upon availability and employee demand. January 18, 2007