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Home My WebLink AboutC07-078 Kids FirstAGREEMENT BETWEEN EAGLE COUNTY AND KIDS FIRST This Agreement ("the Agreement"), made this 20th day of March, 2007, between Eagle County, Colorado ("County") and Kids First ("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 child care information and referral services; and Whereas, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, Contractor is a provider of such services 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. I: SCOPE Contractor shall provide child care information and referral services to Eagle County families and child care providers in accordance with the state guidelines for such services; and shall collaborate with the County and provide consultation to assure that such services are published and available throughout the County; and shall collaborate with the County and provide consultation regarding early childhood quality initiatives and professional salary incentives; and shall provide custom reports are requested in writing by the County through its Director of Health & Human Services. II: TERM This Agreement shall commence on January 1, 2007 and shall terminate on December 31, 2007. III: COMPENSATION A. County will compensate Contractor for performance of Assigned Services as follows: (1) for information and referral services $ 17, 512 per annum; (2) for provision of licensing packets and technical assistance to potential family child care homes, $9 per packet; (3) for consultation and development of custom reports, $ 40/hour; (4) $ 1275 for completion of a child care provider survey for the Early Childhood proposal to the Board of County Commissioners on February 20, 2007. Additional special reports may be requested by the County at a rate of $25 per hour, plus long distance, mailing, or other supply costs. C07- '2e-zf 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. 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. 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. 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. C. 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. D. The County requests quarterly written reports concerning information and referral services under this Agreement. Contractor shall provide the County with consultation and custom reports in accordance with a mutually agreed upon and written plan for services. Reimbursement for services relating to the plan is subject to the timely receipt of written reports and consultation. E. 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. X. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Tyne of Insurance Workers' Compensation Employers Liability, including occupational Disease Comprehensive General Liability, including broad form property damage Coverage Limits Statutory $500,000 $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. 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 parry 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. To the extent permitted by law, 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.