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HomeMy WebLinkAboutC01-300 Eagle Valley Child Care Association(2, C) I -� z:)0 --2 2- C AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE VALLEY CHILD CARE ASSOCIATION THIS AGREEMENT, made and entered into this day of 2001 by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County ") and Eagle County Child Care Association 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 start-up costs including expenses associated with licensing, parent outreach, child care supplies and equipment, staff training and start-up salaries for a period not to exceed six weeks in order to increase the child care availability through the implementation of the Vail Child Care Center. 2. PERIOD OF AGREEMENT. This Agreement will be effective from November 1,2001 until June 30, 2002. The maximum amount of the grant is $ 65,000. The Contractor will provide receipts for all supplies, equipment, salary, training and center modification expenses funded through this agreement. 3. Contractor's Duties The Contractor agrees to maintain in full effect their Colorado license to provide child care for a period of 24 months from December 1, 2001 through December 31, 2003. 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: Eagle County c/o Health & Human Services P. O. Box 660 Eagle, CO 81631 THE CONTRACTOR: Eagle Valley Child Care Association Attn: John Power 75 South Frontage Road Vail, CO 81657 C C Agreement between EAGLE COUNTY and EAGLE VALLEY CHILD CARE ASSOCIATION 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. C Agreement between EAGLE COUNTY and the EAGLE VALLEY CHILD CARE ASSOCIATION 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 2002 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 t„� -t C - ., -, 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, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS ATTEST: Board of Commissioners CONTRACTOR: Eagle Valley Child Care Association BY: TITLE