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Home My WebLink AboutC08-134AGREEMENT BETWEEN EAGLE COUNTY AND The Bear's Den This Agreement ("the Agreement"), made this 29`~ day of Apri12008, between Eagle County, Colorado ("County") and The Beaz's Den, a licensed child caze 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 welfaze aze 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 welfaze; and Whereas, Contractor is a provider of licensed child caze and wishes to participate in the BrightStart Community Eazly Childhood Program to assure quality and affordable infant and toddler caze 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 caze facility in Eagle County with 6 licensed spaces for infants and toddlers which provide caze for children under the age of 36 months. Contractor shall: - Assure that all child caze licensing standazds of the Colorado Division of Child Caze aze 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 caze to all families of children enrolled in the licensed infant and toddler spaces under this Agreement. - Provide a report as noted under Article VI, Pazagraph 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 $1,483. The County shall pay the contractor $1,483 on or about May 15th, 2008. B. If, prior to payment of compensation or reunbursement 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. 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 eazlier. Information on applying for the Basic Pilot Verification Program can be found at: htt~s://www. vis-dhs. com\employerre~istration C. The Contractor shall not use the $asic 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 pazagraph (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. 2 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. 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 standazds 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. 3 F. The County requires a written report on the level quality, and cost of child care services provided and enhanced under this Agreement by September 1 S, 2008 Specifically, the report for the period September 1, 2007 through August 30, 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 6 documented licensed infant and toddler spaces. - The quality enhancement activities undertaken with fiords 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 Scores/Qualistar Rating/Accreditation - Family Engagement o Affordability Factor -The cost per day chazged to parents for infant and toddler raze, acceptance of CLAP and numbers of CCAP families, scholazships offered and numbers, business partnership plans that reduce the cost of caze for families, etc. o Parent Involvement efforts - e.g. Pazent Advisory Council; collaborative planning with families azound services; parenting 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 that The Bear's Den is a community BrightStart partner and shall display a decal provided by BrightStart at the entrance(s) to The Beaz's Den. H. The Contractor shall cooperate with BrightStart in providing information to pazents, staff, and the public on community eazly childhood programs and how to access these eazly childhood programs for services. l.. 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 4