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Home My WebLink AboutC01-182 Rumpelstiltskin Schoolhet -1- AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND RUMPELSTILTSKIN SCHOOL THIS AGREEMENT, made and entered into this C- ` day o -,c 2001 by and between the Board of County Commissioners of the County of Eag( , State of Colorado, a body corporate and politic (hereinafter referred to as the "County ") and umpelstiltskin School, (hereinafter referred as the "Contractor "). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE The County agrees to provide the Contractor with funds to assist in providing quality child care for the working families of Eagle County. Funds =shall be made available for child care supplies and equipment which will increase the Contractor's capacity to provide child care. 2. PERIOD OF AGREEMENT. This Agreement will be effective from June 19,2001 until June 30, 2001. The amount of the grant is $ 1,255.11. The Contractor will provide receipts`for all supplies, equipment and center modifications funded through this agreement by July 31, 2001. The Contractor will also document a minimum of 15% in matching funds towards this grant as documented by receipts or signed in -kind statements. Any funds advanced and not spent for child care quality improvement by July 31, 2001 shall be returned to ECDHHS. 3. Contractor's Duties The Contractor agrees to maintain in full effect their Colorado license to provide child care for a period of 18 months from July 1, 2001 through December 31, 2002. The Contractor also agrees to enter into or maintain a fiscal agreement with the Department of Health & Human Services for the payment of child care through the Colorado Child Care Assistance Program. The Contractor agrees to participate in the public health child care training program for administration of medication and universal precautions and to provide the regional Child Care Resource and Referral agency with updates on vacancies and child care needs as requested on a quarterly basis. 4. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: THE CONTRACTOR: Eagle County Rumpelstiltskin School c/o Health & Human Services Attn: Kathleen Kunis P. O. Box 660 P.O. Box 5760 Eagle, CO 81631 Avon, CO 81620 C C Agreement between EAGLE COUNTY and Rumpelstiltskin School PAGE 2 5. MODIFICATIONS AND WAIVER The Contractor shall not assign any rights or duties under this Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. 6. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Contractor to the County is that of an. independent contractor, No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. This Agreement shall be binding upon and inure to*the benefit of the Contractor and the " County and their respective heirs, legal representatives, executors, administrators, successors and } assigns: provided, however, that neither party may assign.nor delegate any of its rights or - obligation hereunder without first obtaining the written consent of the other party. _ " C. In the event that a dispute should arise relating to. the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed that the .prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the .claim, including staff time, court costs, attorney's,fees, and other claim related expenses. D. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its Commissions, agencies, departments, officers, agents, employees, servants, and its successors from any and all demands, losses, liabilities, claims or judgements, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and the individual members thereof, its commissions, agencies, departments, officers, agents, employees, or 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. F. The contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. G. No person shall have any personal financial interest, direct or indirect, in this Agreement. 0 Agreement between EAGLE COUNTY and Rumpelstiltskin School PAGE 3 H. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any June 30th of the 2001 calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of 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). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 2001. The parties hereto have signed this Agreement in triplicate. One =counterpart each has been delivered to the County and the Contractor. County of Eagle, Stateof Colorado, By and Through Its BOARD:of COUNTY COMMISSIONERS Clerk of the Board of County Commissioners BY: SJ67 ttA Tom C. Stone, Chairman Eagle County Board of Commissioners CONTRACTOR: Rumpelstiltskin School I: I �i loll