HomeMy WebLinkAboutC08-312AGREEMENT BETWEEN
EAGLE COUNTY
AND
LEARNING CURVE PRESCHOOL, LLC
This Agreement ("the Agreement"), made this 2~.-day of October, 2008, between Eagle
County, Colorado ("County") and Learning Curve Preschool, LLC ("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 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 toddler and
preschool caze services 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 4S licensed spaces for
toddlers and preschoolers which provides caze for children between the ages of two and a half
years and five years of age. Contractor shall:
- Assure that all child care licensing standazds of the Colorado Division of Child Care
are met at all times.
- Maintain an average of 85 percent daily enrollment within the 4S licensed spaces
during the term of this Agreement.
- Utilize funds received under this Agreement for start-up materials and activities.
- Provide a report as noted under Article VI, Paragraph F of this Agreement.
- Utilize coaching and consultation services through Kids First to develop best
practices, individual program plans and for evaluation of program effectiveness. Kids
First is a regional childcare resource and referral program based in the City of Aspen.
For detailed information about Kids First visits:
http://www.aspenpitkin.com/depts/SO/deptmain.cfm
II: TERM
This Agreement shall commence on September 1, 2008 and shall terminate on September 1,
2009.
III: COMPENSATION
A. 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, shade structures, and classroom furnishings. items
allowable and not allowable for reimbursement are detailed in Attachment A.
The mazimum amount of reimbursement under this agreement is S10,000.00.
B. If, prior to payment of compensation or reimbursement for services but after submission to
County of a request therefore 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.
Service Description and Criteria:
t. The Contractor will employ evidence based practices and utilize evaluators and coaches,
through Kids First, who are qualified to provide early childhood coaching and consultation
services.
2. Individualized program plans for early childhood coaching and consultation will be
developed by the Contractor in conjunction with licensed child care programs. These
plans will be based on Environmental Rating Scales or Qualistar Ratings completed under
the aegis of the RRR Early Childhood Council quality improvement program and will be
documented in a written plan for service.
3. Service strategies for early childhood coaching and consultation may include:
- Completion of assessment instruments.
- Teacher training and coaching in parent involvement methods.
- Child social-emotional group modeling for teachers.
- Teacher training and coaching to improve learning environments and early
childhood education methods.
- Program administration consultation.
- Coaching of early childhood programs in referral of children and families to
community resources.
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4. Evaluation of program effectiveness will include:
- the numbers of children, parents, and teachers participating in services.
- the level of effort provided by the Contractor for each program.
- apost-service comparison of program plans with services implemented.
- changes in childhood and family indicators as a result of services implemented.
- changes in program and star indicators as a result of services implemented.
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 A 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:
https://www.vis-dhs.com\employerregistration
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. 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. Iri 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.
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F. The County requires a written report on or before September 1St, 2009 concerning services
under this Agreement. Specifically, the report must include:
- Copy of current child care license.
- Copy of your Child Care Assistance Program fiscal agreement.
- The number of currently enrolled children in the Contractor's program.
- The licensed and actual capacity for infant, toddler and preschool care.
- Recount of experiences and quality enhancements made through coaching and
consultation.
- The quality enhancement activities undertaken with funds received under this Agreement.
G. BrightStart -Contractor shall acknowledge in all public information materials that the The
Learning Curve, LLC is a BrightStart program and that Learning Curve, LLC is a community
BrightStart partner.
H. The Contractor shall cooperate with BrightStart in providing information to parents, staff,
and the public on community early childhood programs and how to access these early 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 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.
K. 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.
L. 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 Children and Family Services Department -
(970) 328-8840.
M. Contractor may request in writing an advance on this agreement. All advances must be
reconciled within 60 days with the submission of receipts for purchased items and documentation
of billable staff hours.
N. 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
mail; return receipt requested which shall be addressed as follows:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Learning Curve Preschool, LLC
P. O. Box 660 PO Box 2086
Eagle, CO 81631 Carbondale, CO 81623
kiausncomcast.net
Notice shall be deemed given three (3) days after the date of deposit in a regulaz 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
Workers' Compensation
Employers Liability, including occupational
Disease
Cove a Limits
Statutory
$500,000
Comprehensive General Liability, including
broad form property damage
Professional Liability Insurance
$150,000 per person and
$600,000 per occurrence or as specified
in the Colorado Governmental
Immunity 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.
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 31st 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 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 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.
THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNE5S WHEREOF, COUNTY and Learning Curve Preschool, LLC have executed this
Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County
and one to School District.
COUNTY OF EAGLE, STATE OF COLORADO
By and through the Count Manager
Manager
CONTRACTOR: Learning Curve Preschool, LLC
By:
Anna L. Casey
ATTACHMENT A
ALLOWABLE ACTIVITIES UNDER
THE CHILD CARE AND DEVELOPMENT FUND
Funds may be spent for the following:
• Activities designed to provide comprehensive consumer education to parents and the public;
• Activities that increase parental choice;
• Activities designed to improve the quality and availability of child care; this may include the purchase of
equipment and/or supplies purchased as a part of a plan or project specifically designed to increase the quality
of child care.
• Operating directly, or providing financial assistance, for the development, establishment, expansion, operation,
and coordination of resource and referral programs specifically related to child care;
• Making grants or providing loans to child care providers to assist such providers in meeting applicable State,
local, and tribal child care standards, including applicable health and safety requirements;
• Providing training and technical assistance in areas appropriate to the provision of child care services, e.g.;
training in health and safety, nutrition, first aid, the recognition of communicable diseases, child abuse
detection and prevention, and care of children with special needs;
• Improving salaries and other compensation (such as fringe benefits) for full-and part-time staff who provide
child care; and
• Minor remodeling to upgrade child care facilities to assure that providers meet State and local child care
standards, including applicable health and safety requirements. This may include sectarian organizations.
• Any other activities that are consistent with the intent of this section.
ACTIVITIES THAT ARE NOT ALLOWED UNDER THE CHILD CARE AND
DEVELOPMENT FUND
Funds may not be spent for the following:
• The purchase or improvement of land,
• The purchase, construction, or permanent improvement of any building or facility.
• Sectarian purposes or activities with the exception of minor remodeling to upgrade child care facilities as
described above.
• Tuition. Funds may not be expended for students enrolled in grades 1 through 12 for:
- Any service provided to such students during the regular school day;
- Any service for which such students receive academic credit toward graduation;
- Any instructional services that supplant or duplicate the academic program of any public or private school.
• Used as the non-Federal share for other Federal grant programs.
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Exhibit A
I, ~_ , swear or affirm under the penalty of perjury under the laws of
the State of Colorado that (c k one):
I am a United States Citizen
I am a Permanent 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 bylaw 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.
(,~'~a~ ~
Signature
~~' z ~ ~
Date
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