02-24-2009 EC and TOA Rec Center, Licensed Child CareAGREEMENT BETWEEN EAGLE COUNTY
AND
TOWN OF AVON
`rk
THIS AGREEMENT ( "Agreement "), is made this Q day of , 2009,
between Eagle County, Colorado ( "County ") and the Recreational Center of th own of Avon
which has a licensed child care center in Eagle County, hereinafter ( "Contractor ").
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. § 29 -1 -21 et seq., and
Article XIV, Section 18 of the Colorado Constitution; and
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 after - school care and wishes to participate in
BrightStart to assure quality and affordable after school 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 45 licensed after -
school spaces for children between the ages of six and thirteen. 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 45 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 licensed after - school
spaces under this Agreement; and
d) Provide a report as noted under Article VI, Paragraph F of this Agreement.
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This Agreement shall commence on December 1, 2008 and shall terminate on December 31,
2009.
III: COMPENSATION
A. The amount of this grant is $6,628 for the 2008 -09 school year and the first half of the
2009 -10 school year. These dollars will be utilized by the Contractor to reduce or maintain the
tuition costs for all parents of children in the after - school programs.
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. 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
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rights of Contractor and obligations of County, except for payment of accrued but unpaid fees
and expenses, shall terminate immediately.
V. 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 a written report on the level of quality and cost of child care services
provided and enhanced under this Agreement by June 30, 2009 and January 8, 2010.
Specifically, the report for the 2008 -09 school year and the first half of 2009 -10 school year must
include:
1. The average daily enrollment of children between six and thirteen receiving care in the
45 licensed after school spaces.
2. The total cost of care /day in the 45 documented licensed after school spaces.
3. The quality enhancement activities undertaken with funds received under this
Agreement.
4. Staff Quality
a. Staff educational levels
b. Ongoing staff development
c. Staff turnover rate
5. Program Quality
a. Licensing status
b. Staff /child ratio and class size
c. ECERS Scores /Qualistar Rating /Accreditation
6. Family Engagement
a. Affordability Factor — The cost per day charged to parents for after school 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.
b. Parent involvement efforts — e.g. Parent Advisory Council; collaborative planning
with families around services; parenting classes etc.
7. Community Engagement
a. Volunteer opportunities offered through the program
b. Board —Staff — Parent participation in BrightStart Early Childhood Council.
G. Contractor shall acknowledge in all public information materials that the Town of Avon is a
community BrightStart partner and shall display a decal provided by BrightStart at the
entrance(s) to the afterschool programs of the Town of Avon.
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.
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VI. 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:
Eagle County Health & Human Services
P. O. Box 660
Eagle, CO 81631
CONTRACTOR:
Town of Avon
325 Benchmark Road
Avon, CO 81620
970 - 748 -4057
cwolf @avon.org
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the
United States Postal Service.
VII. 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.
VIII. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing and
signed by all parties.
IX. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Tyne 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.
X. 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 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 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. No Waiver of Governmental Immunity Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law to the
Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the
Town and, in particular, governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
I. 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
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are no representations about any of the subject matter hereof except as expressly set forth in this
Agreement.
J. 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.
K. 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 the County Manager
By:
Keith P. Montag, Acting County Manager
CONT Town of A �D�iJ or
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