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Home My WebLink AboutC02-058 Hug a Bunch Child Care - HHS1 r AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND HUG A BUNCH CHI 42ARE THIS AGREEMENT, made and entered into this day of VW &2002 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 Hug a Bunch Child Care, (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, child care supplies, and equipment which will assure the Contractor's capacity to provide child care. 2. PERIOD OF AGREEMENT. This Agreement will be effective from March 19, 2002 until June 30, 2002. The amount of the grant is $ 3,060. (See attachment A) The Contractor will provide receipts for all supplies, equipment and facility costs funded through this agreement by July 10, 2002. 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 the approved child care quality improvement items by June 30, 2002 shall be returned to Eagle County Health & Human Services. 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 March 19, 2002 through September 19, 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: THE CONTRACTOR: Eagle County HHS Hug a Bunch Child Care - Sally Holderness P. O. Box 660 432 VWhiting, P.O. Box 3773 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. C C 01 C11 Agreement between EAGLE COUNTY and Hug a Bunch Child Care PAGE 2 5. MODIFICATIONS AND WAIVER The Contractor shall not assign any rights or duties under this Agreement to a third party without the prior 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 prior written consent of the County will terminate the Agreement immediately at the option of the County. This agreement may not be amended or midified unless agreed to in writing by all parties. 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 obligations 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, including, but not limited to, 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 including attorney fees 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. C 1 C" Agreement between EAGLE COUNTY and Hug a Bunch Child Care PAGE 3 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 Courts and 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on , 2002 The parties hereto have signed this Agreement in triplicate. One counterpart eac has been delivered to the County and the Contractor. County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS County Commissioners CONTRACTOR: Hug a Bunch Child Care I I OR "00 �T �vONE r � Agreement between EAGLE COUNTY and Hug a Bunch Child Care PAGE 4 Attachment A This grant to Sally Holderness, owner and operator of Hug a Bunch Child Care, is for the following approved items: 1. One month rent for child care facility $ 1500 2. Accounting Consultation- business plan 500 3. Insurance - one year 340 4. Three high chairs @ $60 180 5. Consumable Supplies - universal precautions 90 6. Three dividing child safety gates 60 7. Non - consumable program supplies linens, garbage cans, bulletin boards, educational supplies 325 8. Business supplies 65 TOTAL $ 3060 C,lC