HomeMy WebLinkAboutC07-371 Carrie FromanAGREEMENT BETWEEN
EAGLE COUNTY
AND
CARRIE FROMAN
This Agreement ("the Agreement"), made this 18th day of December, 2007, between Eagle
County, Colorado ("County") and Carrie Froman ("Contractor"), DBA the Gypsum View
Preschool Family Child Care Home.
WITNESSETH:
Whereas, County, through its Department of Health & 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 licensed, quality child care services for working families.
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 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.
I: SCOPE
Contractor shall provide licensed care in Eagle County for 8 children between the ages of
birth and 13 years. Contractor shall provide services to improve the quality of child care
for children ages birth to 13 years and their families in Eagle County. The Contractor
agrees to provide uninterrupted licensed child care to families in Eagle County for the
period of January 1, 2008 through December 31, 2009.
II: TERM
This Agreement shall commence on November 30th, 2007 and shall terminate on June 300',
2008.
III: COMPENSATION
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: playground equipment and surfaces, supplies, materials, shade structures, and
classroom furnishings. Items allowable and not allowable for reimbursement are detailed
in Attachment A. The maximum amount of reimbursement under this agreement is
$ 2,000.
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.
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. If the
Contractor is a sole provider of services, they shall attach an original signed copy of
Exhibit to this Agreement.
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: hgps://www.vis-dhs.com\emplgyerregistration
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.
V. TERNIINATION
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. Contractor shall comply with all applicable federal, state and local rules, regulations
and laws governing services of the kind provided by Contractor under this Agreement.
Contractor shall be solely responsible for ensuring proper licensing and credentialing of
those providing services under this Agreement.
E. Contractor shall comply with all federal and state rules, regulations, laws and
requirements concerning restrictions on providing public benefits to persons who are not
lawfully present in the United States.
F. The County requires the Contractor provide a copy of their current child care license.
The County requires that the Contractor complete a fiscal agreement with the Colorado
Child Care Assistance Program as provided by the County by January 1, 2008. The
County requires information on the number of children actually enrolled in the
Contractor's program on a six month basis beginning with January, 2008 and continuing
through December, 2009. If the Contractor ceases to be a licensed child care provider or
ceases to provide child care in Eagle County prior to December, 2009, then the entire
amount of this grant may be requested as reimbursement to the County.
G. Contractor shall acknowledge in all public information materials that the Child Care
Capacity Grant through the Gypsum View Preschool Family Child Care Home is a
BrightStart program and that the Gypsum View Preschool Family Child Care Home is a
community BrightStart partner.
H. 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.
I. Contractor shall assure that the service described herein is provided to the County
at a cost not greater than that charged to other persons in the same community.
J. Contractor shall safeguard information and confidentiality of the child and the
child's family in accordance with rules of the Colorado Department of Human
Services and Eagle County Health and Human Services, and the Health Information
Privacy and Accountability Act.
K. 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.
L. Contractor may request in writing an advance on this agreement. All advances
must be reconciled within 60 days of issuance with the submission of receipts for
purchased item. After licensing requirements are met, verification of license number
must be submitted as proof of licensed status.
Receipts for reimbursement of expenses associated with this Agreement must be
submitted by the fifth working day of the month in order to be eligible for
reimbursement, except that receipts for expenses associated with this Agreement
through June 30, 2008 must be submitted by July 3, 2008 in order to be eligible for
reimbursement.
M. Contractor shall participate in an annual training provided by County regarding
program requirements and eligibility; child abuse and neglect reporting; and, financial
and program reporting to County.
VII. NOTICE
Any notice required under this Agreement shall be given in writing by registered or
certified mall; return receipt requested which shall be addressed as follows:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Carrie Froman
P. O. Box 660 P.O. Box 2266
Eagle, CO 81631 Gypsum, CO 81637
cfromanl3@grnail.com
Notice shall be deemed given three (3) days after the date of deposit in a regular
depository of the United States Postal Service.
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.
IX. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in
writing and signed by all parties.
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 Coverage Limits
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.
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.
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.
COUNTY OF EAGLE, STATE OF
•• UT�1•
By anWough its Board of County
Commissioners
By:
Am V. Menconi, Chairman
ATTEST: 0
Clerk to the Bo*d of County Crs
CONTRACTOR: Carrie Froman
By: Q/1/►vc.�
Exhibit A
I, �— , swear or affirm under the penalty of perjury under
th6laws of the State of Colorado that (check one):
�c.,�rnited States Citizen
amaermanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied
for a public benefit. I understand that state law requires me to provide proof that I am
lawfully present in the United States prior to receipt of this public benefit. I further
acknowledge that making a false, fictitious, or fraudulent statement or representation in
this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the
second degree under Colorado Revised Statute § 18-8-503 and it shall constitute a
separate criminal offense each time a public benefit is fraudulently received.
Zigature Date
