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HomeMy WebLinkAboutC02-035 Eagle County School DistrictAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE COUNTY SCHOOL DISTRICT THIS AGREEMENT, made and entered into this day of Jerry, 20M 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 School District Head Start,(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 A. The county hereby contracts with the Contractor for training in ECE- Cares, a child development and child care approach tp help child care staff promote the emoitnal well -being and social competence of the children in their care. Specifically the contract is for the conduct of 12 hours of training in ECE -Cares to occur by March 9, 2002. B. Services Unit Cost - The County will provide up to $2500 in funding for trainer services. The contractor may not assess a fee to participants in this training. The County funding will be no more than net costs after receipt of funding from other sponsoring organizations. C. Eligibility for Service - Child care staff in licensed child care homes and child care centers, Head Start, Early Head Start and Colorado Preschool Program and employees and volunteers of Health & Human Services are eligible to participate in the training. D. Billing for Services - The Contractor shall submit to the County a statement of services provided to authorized participants as well as a count of the number of participants from child care homes, child care centers, Head Start or CPP programs, district pre - school programs, and Health & Human Services. The Contractor will provide an accounting of expenses and revenue for the ECE -Cares training. Payment for authorized services will be made by the County in accordance with its usual bill paying cycle. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence February 2, 2002 and end March 10, 2002. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on 10 days' notice of it is deemed by the County that the Contractor is not fulfilling the program as specified in this agreement, or for other sufficient reasons. Any funds not properly expended according to project objectives will be returned to the County. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared bankrupt, or dissolves, the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall terminate and cease immediately. 0 C Agreement between EAGLE COUNTY and Eagle County School District PAGE 2 3. CONTRACTOR'S DUTIES The Contractor shall comply with the following requirements: A. All funds received under this Agreement shall be expended solely for the purpose for which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B. The Contractor shall maintain adequate records of matching expenditures for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. C. The Contractor authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the parties, with 48 hours written notice, for the purpose of evaluating performance under this Agreement. D. The contractor shall be responsible for complying with the applicable rules and laws governing the practice of law in Colorado, and the Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 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 Health & Human Services Eagle County School District P.O. Box 660 P.O. Box 740 Eagle, CO 81631 Eagle, CO 81631 Mailed notices will be deemed given 3 days after the date a deposit in a regular depository of the US Postal Service. 5. MODIFICATION /ASSIGNMENT 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. This contract shall not be modified unless agreed to in writing by the parties. 6. MISCELLANEOUS A. The parties to 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 obligations hereunder without first obtaining the written consent of the other party. ( C. Agreement between EAGLE COUNTY and Eagle County School District PAGE 3 C. In the event that a dispute should arise relating to 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, including staff time, court costs, attorney's fees, and other claim related expenses. D. The invalidity 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. 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 December 31 of each 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 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). H. 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. I. Integration. This Agreement supersedes all previous communications, negotiations and/or contracts 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 are no representations about any of the subject matter hereof except as expressly set forth in this agreement. J. Contractor hereby 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. Agreement between EAGLE COUNTY and Eagle County School District PAGE 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ��, 2002. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. ATTEST: BY: -\,dbuta- Cler0of the Board ofv County Commissioners CONTRACTOR: Eagle County School District BY: 60 - crzi- TITLE: DV�T+0-7, E'CCCgr