HomeMy WebLinkAboutC08-133AGREEMENT BETWEEN EAGLE COUNTY
AND
TREEHAUS EARLY LEARNING PROGRAM
This Agreement ("the Agreement"), made this 29a` day of Apri12008, between Eagle County,
Colorado ("County") and Treehaus Early Learning Program, a licensed child care center in
Eagle County, hereinafter ("Contractor"),
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 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 licensed child care and wishes to participate in the
BrightStart Community Early Childhood Program to assure quality and affordable infant and
toddler care service to Eagle County working families 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 operate a licensed child care facility in Eagle County with 6 licensed spaces
for infants and toddlers which provide care for children under the age of 36 months.
Contractor shall:
- Assure that all child care licensing standards of the Colorado Division of Child
Care are met at all times.
- Maintain an average of 85 percent daily enrollment within the 6 licensed spaces
during the term of this Agreement.
- Utilize funds received under this Agreement to enhance the quality of care and to
reduce the cost of care to all families of children enrolled in the licensed infant and
toddler spaces under this Agreement.
- Provide a report as noted under Article VI, Paragraph F of this Agreement.
II: TERM
This Agreement shall be for the period of May 1, 2008 through August 30, 2008.
III: COMPENSATION
A. The amount of this grant is $958. The County shall pay the contractor $958 on or about
May 15th, 2008.
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 Agreemenrt,
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 fiords advanc~l
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 far 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\employerregistrauon
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. TERMINATIQN
County may terminate this Agreement at any time and for any reason or no reason upon
written notice to Contractor s~cifying the date of t$rmination, which date shall be not less
than ten f I OJ 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. Cf1filTRACTOR'S H~PPI~S
A. All fluids 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 purses, shall be returned to County.
B. Contractor shall maintain, for a miirirnum of 3 yeazs, adequate financial and programmatic
records for reporting to County on performance if its responsibilitieshereunder. 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, upmr 4g hours notice t~ Contractor; for the purpose of. evaluating performance
under this Agreement. Contractor shall cooperate fuuy with authorized I-II3S representatives
in the observation and evaluation of the program acrd 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 ~ determined at the sole .discretion of
County: In the everrt 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 {l0) days
notice to the Contractor.
D. Contractor shall comply with all applicable federal, state and local rules, regulations and
taws governing services of the kind provided by Contractor under this Agreement, Contractor
shall be solely res~nsible 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 aze not lawfully present in
the United States.
F. The County requires a written repert on the level quality, and cost ojchild care services
provided and enhanced under this Agreement by September 1 S, 2Q08. Specifically, the
report for the period September I, 2007 through August 3U, "2008 must include:
- The licensed capacity for infant and toddler care.
- The average daily enrollment of children under the age of 36 months receiving
care in the 6 documented licensed infant and toddler spaces.
- The -total cost of care/day in the ~ documented Licensed infant and toddler spaces.
- The quality enhancement activities undertaken with funds received under this
Agreement.
- Staff Quality
o Staff educational levels
o Ongoing staff development
o Staff turnover rate
- Program Quality
o Licensing Status
o Staff/child ratio and class size
o ECERS ScoresCQualistar Rating/Accreditation
- Family Engagement
o Affordability Factor -The cost per day charged to pazents for infant and
toddler care, .acceptance of CCAP and numbers of CCAP families,
scholarships offered and numbers, business. partnership plans that reduce
the cost of care for families, etc.
o Parent Involvementefforts _ e.g. Parent Advisory Council; collaborative
planning with families around services;. pazen~'~g classes etc.
- Community Engagement
o Volunteer Opportunities offered at or through the program
o Boazd -Staff - Pazent Participation in BrightStart Eazly Childhood
Council.
G. Contractor shall acknowledge in all public information materials thatthe Treehaus Early
Learning Program is a community BrightStar~t pax7ner and shall display a decal provided by
BrightStart at the entrance(s) to the Treehaus Eazly Learning Program.
H. The Contactor shall cooperate with BrightStart in providing information io parents, staff,
and the public on community early childhood programs and how to access these eazly childhood
programs for services.
I.. 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.
J. 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
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contractors aze considered to be mandatory reporters for suspected child abuse and neglect and
are to make those reports directly to ISIS Youth and Family Services Division -
(970) 328-8840. 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.
~:1~0'I`~E
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 & I-luman Services Treehaus Eazly Learning Program
P. O. Box 660 3011 Basingdale Blvd
Eagle, cfJ 81631 email; CfT 51657
iii U\.il`.i .~i~w `ri~..ey lLi..1Ji. L~.l
Notice shall be deemed given three (3) days after the date of deposit in a regulaz depository of
the United States Postal Service.
~. ASS~~NI~EI~T
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.
II~.1i+~0i?~FI£AT~Ql~
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
Workers' Compensation Statutory
Employers Liability, including occupational
Disease $Sfl0,000
Comprehensive General Liability, including $150,000 per person and
broad form properly damage $600,000 per occurrence or as specified
Professional Liability Insurance
in the Colorado Governmental
hrrmumty Act, whichever is greater.
$ 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.
gj. MIS(`Fi.i.ANF.OUS
a' ~ .
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 notaffect-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 3D ofthe Colorado
Revised Statutes, the focal fovernment Budget l.aw (C.R.S. 29-1-101 et.seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
C: 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 andlor 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 na representations about any of the subject matter hereof except as expressly set forth in this
Agreement.
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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 ctaim 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 COLORADO
By and through its Boazd of ty Commissioners
B ~%'~//
Y
~ ~c~ c Peter F. Runyon, Chairman
ATTEST: ~ ~~
;rk to the Board of County S15ners
~~ •. t . cxc,H~
CONTRACTOR Treehaus Early Learning Program
By: e~ ~~e ~~
