STATE OF TEXAS
COUNTY OF BEXAR
§
§
§
§
ALAMO COMMUNITY COLLEGE
DISTRICT AGREEMENT WITH
__________________________ FOR
OFF-CAMPUS CHILD CARE SERVICES
This Agreement is made and entered into effective this ______ day of
_____________________, 201__, between the Alamo Community College District, a political
subdivision of the State of Texas, on behalf of ______________________ [insert campus name]
hereinafter called “Institution” and ________________________ [insert name of child care
facility] hereinafter called “Agency.”
RECITALS
WHEREAS, monies are provided to the Institution for the purpose of supporting students
in their efforts to attend colleges and universities, such institutions are authorized to contract for
the provision of child care services to these students;
WHEREAS, the Agency agrees to provide child care services for qualifying students
attending the Institution and needing such services (“Students” herein), by the terms described
herein.
NOW, THEREFORE, it is hereby agreed as follows:
ARTICLE I
SERVICES and RESPONSIBILITIES
1.01 The Agency agrees to provide child care services for the children of Students
(“Child” or “Children” herein). It is understood that the Agency in no way guarantees any
particular number of Children for whom child care services will be provided and the Institution
in no way guarantees that any particular number of Children will use child care services. The
role of the Institution pursuant hereto is solely to provide funding for the Agency’s services. The
Agency and not the Institution is solely responsible to the Students and Children for the services.
1.02 The Institution will determine which Students and Children qualify for child care
services to be rendered pursuant to this Agreement, and will provide a list of each Student and
their Children (“Participant List”); such Participant List to be updated as necessary from time-totime.
1.03 The Agency shall comply with all State and federal certifications, regulations, or
licensure requirements pertaining to the services provided hereunder and shall provide a photocopy
of its current license upon execution hereof. The Agency agrees to give immediate notice to the
Institution in the case of suspension or revocation, or initiation of any proceeding that could result in
suspension or revocation, of licensure or of any circumstance that would cause the Agency to be
noncompliant with any such licensure or profession-related statutes, rules, regulations, standards, or
directives, in which event this Agreement may be terminated immediately at the option of the
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Institution. Specifically, the Agency warrants and certifies that it is and will remain in
compliance with the applicable provisions of Chapter 42, Texas Human Resources Code,
including § 42.060 (Carbon Monoxide Detectors).
1.04 The Agency agrees that no Child or Student will be denied services or subjected
to different treatment under this Agreement because of race, color, disability, genetic
information, religion, gender, sexual preference, age, veteran status or national origin.
1.05 The Agency warrants that it meets and shall at all times meet the liability
insurance requirements of liability coverage in the amount of $300,000 for each occurrence of
negligence involving a child as established in Human Resources Code §42.049. The Agency
also shall maintain liability insurance for bodily injury, property damage and personal injury in
at least the amount of $300,000 per occurrence and $1,000,000 in the aggregate. The Agency
agrees to provide the Institution with a copy of proof of insurance upon execution hereof or
otherwise upon request.
1.06 The Agency agrees to indemnify and hold harmless the Institution, its Trustees,
officers, agents and/or employees from and against any and all liability and costs (including
attorney’s fees and all legal costs) incurred in connection with any claims or demands for
damages of any nature whatsoever, including but not limited to bodily injury, death, personal
injury or property damage arising from or caused by the acts or failure to act of the Agency, its
officers, agents and/or employees.
1.07 No amendment, modification, or alteration of the terms hereof shall be binding
unless the same be in writing, be dated subsequent to the date hereof and duly executed by the
parties hereof. This Agreement is not assignable by either party without the prior written consent
of the other. Any assignment without such written consent shall be void and have no effect.
1.08 No waiver by either party of a breach of any of the terms, conditions, covenants
or guarantees of this Agreement shall be construed or held to be a waiver of any succeeding or
preceding breach of the same or any other term, condition, covenant or guarantee herein
contained. Further, any failure to insist in any one or more cases upon the strict performance of
any of the covenants of this Agreement, or to exercise any option herein contained, shall in no
event be construed as a waiver or relinquishment for the future of such covenant or option. In
fact, no waiver, change, modification or discharge by either party hereto of any provision of this
Agreement shall be deemed to have been made or shall be effective unless expressed in writing
and signed by the party to be charged. No representative or agent of either party may waive the
effect of the provisions of this Section.
ARTICLE II
TERM
2.01 This Agreement shall be for a ___ term beginning __________ and ending
___________________, unless earlier terminated. This Agreement shall automatically renew for
up to two successive one (1) year terms thereafter unless either party gives notice of non-renewal
to the other party not less than ninety (90) days prior to the expiration of any term.
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2.02 This Agreement may be terminated by either party hereto upon sixty (60) days
written notice to the other party.
2.03 This Agreement may be terminated immediately by the Institution for breach of
any material terms or conditions of this Agreement or if the child care services are lacking in
quality in any way.
ARTICLE III
CONSIDERATION
3.01 The Institution agrees to pay the Agency, and the Agency hereby accepts a sum
not to exceed _________ Dollars ($_____) per Child per School Day for the services actually
rendered pursuant to this Agreement. “School Day” means any day the Student attends classes at
the Institution (exclusive of holidays, for example).
3.02 Each Child must be physically present at the Agency on each day for which
compensation is sought. Upon notice that a Student or Child is removed from the Participant
List, Institution shall no longer be responsible for payment of fees related to that Student or
Child (in such event, if the Agency desires to continue service for the Student or Child it shall
make arrangements for the Student to be responsible for the charges incurred). There shall be no
co-payments charged to Institution under any circumstances or to any Student unless specifically
indicated on the Participant List. Students indicated on the Participant List as such, will be
responsible for any applicable co-payment of the child care expenses. Any special fees such as
registration, transportation, field trips, etc., will be the responsibility of the Student for payment.
3.03 The Agency agrees to provide a statement at the end of each month specifying the
Student’s name, each respective Child’s name, and amount due based on Section 3.01 above.
The Institution will remit payments monthly to the Agency upon receipt of an undisputed
statement and authorization for payment by appropriate Institution officials.
EFFECTIVE THE DATE FIRST WRITTEN ABOVE.
[Remainder of Page Intentionally, Left Blank]
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ALAMO COMMUNITY COLLEGE DISTRICT
(Alamo Colleges):
FACILITY:
By: ___________________________________
Chancellor/President
Date
By: ___________________________________
Signature
Date
Print Name: ________________________
Print Name: ____________________________
Title: __________________________
Title: ______________________________
By: ______________________________
Signature
Date
___________________________________
Legal Name of Facility Owner
Print Name: ______________________
___________________________________
Facility Street Address
___________________________________
Facility Telephone Number
___________________________________
Facility Email
_________________________________
Campus Department
Child Care Services Agreement
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