HomeMy WebLinkAboutC20-261 Vail Childcare CenterFIRST AMENDMENT EAGLE COUNTY, COLORADO AND EAGLE VALLEY CHILD CARE ASSOCIATION (Vail Child Care Center) THIS FIRST AMENDMENT (“First Amendment”) is effective as of the______________, by and between Eagle Valley Child Care Association (Vail Child Care Center), a non-profit corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement with an effective date of April 7, 2020, for certain Services for compensation not to exceed $19,800 (the “Original Agreement" C20-135); and WHEREAS, County and Contractor desire to revise Services as reflected in Exhibit A-1, the term of the Agreement, add terms to the Agreement and compensation for a First Amendment. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1.The First Amendment shall be amended to include additional Services as described in Exhibit A-1, which is attached hereto and incorporated herein by reference. 2.Paragraph 5 shall be amended to address compensation for the Services set forth in Exhibit A-1 as $18,000 for a total that shall not exceed $37,800. 3. The term of the First Amendment is hereby extended to the 31st day of December, 2020. 4. This First Amendment adds Exhibit B, which contains a FEMA Addendum. 5.Capitalized terms in this First Amendment will have the same meaning as in the First Amendment. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the First Amendment, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 6.Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 7.This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04 7/21/2020 C20-261 2 Eagle County Amend Term Scope Comp Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04 Holly Hickson Executive Director 3 Eagle County Amend Term Scope Comp Final 5/14 EXHIBIT A-1 CONTRACTOR SHALL PERFORM OR PROVIDE THE FOLLOWING SERVICES 1. SCOPE OF SERVICES The purpose of this funding is to subsidize preschool classrooms due to loss of tuition and additional costs associated with providing child care services during the COVID-19 pandemic. Contractor currently provides preschool classrooms and child care to the residents of Eagle County and intends to continue such service for the Eagle County community. Contractor has an active fiscal agreement with the Colorado Child Care Assistance Program (CCAP). 2. COMPENSATION Contractor will be reimbursed as set forth in the Agreement in an amount not to exceed $18,000.00. Funds will be allocated in a one-time payment to participating programs based on licensed and utilized preschool classroom space based on the Contractor providing three preschool classrooms. 3. CONTRACTOR SHALL BE REQUIRED TO SUBMIT THE FOLLOWING REPORTS TO COUNTY: To be eligible to receive these funds, organizations must first complete the initial application, which includes a survey. In the event the County requires additionally requested documentation, the Contractor shall respond in a timeframe dictated by the County. DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04 4 Eagle County Amend Term Scope Comp Final 5/14 EXHIBIT B FEMA ADDENDUM OFFICE OF MANAGEMENT AND BUDGET POST FEDERAL AWARD REQUIREMENTS FOR PROCUREMENT CONTRACTS This is an addendum to the AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE VALLEY CHILD CARE ASSOCIATION (the “Contract”) between Eagle Valley Child Care Association (“Contractor”), and Eagle County, (the “County”). This Contract is subject to the provisions of 2 C.F.R. § 200 et seq., Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as well as additional requirements promulgated by the Federal Emergency Management Agency (FEMA). Notwithstanding anything contained in the Contract or this Addendum, Contractor agrees to comply with all applicable provisions of 2 C.F.R. § 200 et seq., as amended. This Addendum is hereby expressly incorporated into the Contract between the County and the Contractor. Regardless of any conflict of provisions language contained in the Contract, to the extent that the terms of the Contract and this Addendum conflict, the terms of this Addendum will control. The applicability of the following contract provisions are described in brackets, below. As applicable, the following provisions are hereby added and incorporated into the above-referenced Contract: Audit Rights Eagle County and the Comptroller General of the United States, or any of their duly authorized representatives, must have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions. Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms (2 C.F.R. § 200.321). If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04 5 Eagle County Amend Term Scope Comp Final 5/14 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Appendix II: Contract Provisions for non-Federal Entity Contracts Under Federal Awards (A) Breach. Any breach of the Contract by Contractor shall be governed by the Termination and Related Remedies provision of the Contract. Additionally, in the event that the County incurs damages as a result of Contractor’s breach, the County may pursue recovery of such damages from Contractor. The County further retains the right to seek specific performance of the Contract at any time as authorized by law. The County further retains the right to otherwise pursue any remedies available to the County as a result of the Contractor’s breach, including but not limited to administrative, contractual, or legal remedies, as well as any applicable sanctions and penalties. Termination for cause and convenience are governed by the Termination and Related Remedies provision of the Contract. (B) Termination. Termination for cause and convenience are governed by the Termination and Related Remedies provision of the Contract. (C) Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Contractor further agrees to include this provision, including the Equal Opportunity Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract. (D) intentionally deleted (E) intentionally deleted (F) intentionally deleted (G) intentionally deleted (H) intentionally deleted (I) intentionally deleted (J) Procurement of recovered materials (2 CFR §200.322). All parties agree to comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04 6 Eagle County Amend Term Scope Comp Final 5/14 level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. ADDITIONAL FEMA REQUIREMENTS i. Changes: To be effective, any change to the Contract, including the alteration of any method, price, or schedule of work must be authorized pursuant to a written amendment executed by the parties. ii. Access to Records: Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, information, facilities, and staff. iii. DHS Deal, Logo, and Flags: Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. iv. Compliance with Federal Law, Regulations, and Executive Orders: FEMA financial assistance will be used to fund the Contract. Contractor shall comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. v. No Obligation by Federal Government: The United States Federal Government is not a party to the Contract and is not subject to any obligations or liabilities to County, Contractor, or any other party pertaining to any matter resulting from the contract. vi. Program Fraud and False or Fraudulent Statements or Related Acts: Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to the Contract. DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04 07/10/2020 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 Moody Insurance Agency (303) 824-6600 (303) 370-0118 certrequest@moodyins.com Eagle Valley Child Care Association, DBA: Vail Child Care Center & Miller Ranch Child Care CenterPO Box 1700 Vail CO 81658-1700 Philadelphia Indemnity Ins Co 18058 19-20 Master A Y PHPK1890533 12/14/2019 12/14/2020 2,000,000 100,000 5,000 2,000,000 2,000,000 2,000,000 Sexual/Physical Abuse Vic Liab 300,000 A PHPK1890533 12/14/2019 12/14/2020 A Directors and Officers PHSD1410376 02/16/2019 02/16/2020 Liability 1,000,000 Aggregate 1,000,000 See additional pages for additional coverage information. Eagle County PO Box 850 Eagle CO 81631-0850 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 0ED4E788-2475-4E0A-B288-55D9326C1D04