HomeMy WebLinkAboutC08-410AGREEMENT BETWEEN EAGLE COUNTY
AND
BLUE LAKE PRESCHOOL
THIS AGREEMENT ("Agreement"), is made this 3~ day of~2~tr~"~? , 2008 ,
between Eagle County, Colorado ("County") and Blue Lake Preschool 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, Eagle County created and maintains the BrightStart program as a
comprehensive early childhood community collaboration program to address the multiple
needs of the child and the family with services and programs in early child care and learning,
health & safety, early intervention, and family support for social emotional development; and
WHEREAS, Contractor is a provider of licensed child care and wishes to participate in
BrightStart to assure quality and affordable infant and toddler care for the children of
working families in Eagle County.
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, County and Contractor enter into this Agreement and agree herby as follows:
CONDITIONS:
I: SCOPE OF WORK
Contractor shall operate a licensed child care facility in Eagle County with 30 licensed infant
and toddler spaces for children under the age of 36 months. In operating the child care facility
Contractor shall:
a) Assure that all child care licensing standards of the Colorado Division of Child
Care are met at all times; and
b) Maintain an average of 85 percent daily enrollment within the 30 infant and
toddler licensed spaces during the term of this Agreement; and
c) 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 infant and toddler
spaces under this Agreement; and
d) Provide a report as noted under Article VI, Paragraph F of this Agreement.
II: TERM
This Agreement shall commence on January 1, 2009 and shall terminate on December 31,
2009.
III: COMPENSATION
A. The amount of this grant is $30,000. The County shall pay the contractor the first half in
January 2009 and the second half in July 2009.
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 singed 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\emplo~ ei_registration
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
2
public contract for services knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
(i) 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
(ii) Terminate the Subcontract with the Subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of 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.
E. 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.
F. 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 of 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 written reports on the level, quality, and cost of child care services
provided and enhanced under this Agreement due by June 30, 2009 and December 3l,
2009. Specifically, the reports must include:
1. The licensed capacity for infant and toddler care.
2. The average daily enrollment of children under the age of 36 months receiving care
in the 30 documented licensed infant and toddler spaces.
3. The total cost of care/day in the 30 documented licensed infant and toddler spaces.
4. The quality enhancement activities undertaken with funds received under this
Agreement.
5. Staff Quality
a. Staff educational levels
b. Ongoing staff development
c. Staff turnover rate
6. Program Quality
a. Licensing Status
b. Staff/child ratio and class size
c. ECERS Scores/Qualistar Rating/Accreditation
7. Family Engagement
a. Affordability Factor -The cost per day charged to parents for infant and
toddler care, acceptance of CLAP and numbers of CCAP families,
scholarships offered and numbers, business partnership plans that reduce the
cost of care for families, etc.
b. Parent Involvement efforts - e.g. Parent Advisory Council; collaborative
planning with families around services; parenting classes etc.
Community Engagement
a. Volunteer Opportunities offered at or through the program
b. Board -Staff -Parent Participation in BrightStart Early Childhood
Council.
G. Contractor shall acknowledge in all public information materials that the Blue Lake
Preschool is a community BrightStart partner and shall display a decal provided by
BrightStart at the entrance(s) to the infant and toddler programs of the Blue Lake Preschool.
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 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. 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 Blue Lake Preschool
P. O. Box 660 0189 JW Drive Unit C
Eagle, CO 81631 Carbondale, CO 81623
970-963-4380
b1psC sopris.net
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
Workers' Compensation
Employers Liability, including occupational
Disease
Comprehensive General Liability, including
Broad form property damage
Professional Liability Insurance
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.
$ 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.
6
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 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.
Signature page to follow
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 Board of County Commissioners
By
ter F. Runyon, Chairm
ATTEST: P of ~"~'~,
g
Clerk to the Bo of County Co '~
CONTRACTOR: Blue Lake Preschool
B:
Exhibit A
I, IJl' CLtc .e/ ~/ ,swear or affirm under the penalty of perjury under the laws of
the State of Colorado t at (check 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 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.
Signature
l t~l 3/08
--.
Date
9
