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HomeMy WebLinkAboutC02-179 Cheryl BukerAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND CHERYL BUKER THIS AGREEMENT, made this 25th day of June, 2002 by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and Cheryl Buker hereinafter "Contractor ". PERIOD OF AGREEMENT This Agreement shall commence on June 25th, 2002, and shall end on September 30, 2002. 2. 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 quality child care. The amount of this grant is $1410. Attachment A details the items and activities to be funded through this grant. The Contractor will provide receipts for all supplies, equipment and other expenses funded through this agreement by September 30, 2002. Grant payments are contingent upon receipts. The Contractor will also document a minimum of 15% ($360) in matching funds towards this grant as documented by receipts or signed in -kind statements. Any funds advanced and not spent by September 30, 2002 shall be returned to Eagle County Health and Human Services. 3.. TERMINATION The County may terminate this Agreement upon ten (10) days written notice to Contractor if it is deemed by the County in its sole discretion, that the Contractor is not fulfilling the program as specified in this Agreement, or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any funds not properly expended according to project objectives shall be returned by Contractor to County. In the event the Contractor becomes insolvent, is declared bankrupt or dissolves, the County may declare in writing that this Agreement is terminated, and all rights of the Contractor an d obligations of the County shall terminate and cease immediately. 4. CONTRACTOR'S DUTIES The Contractor shall comply with the following requirements: A. The Contractor agrees to maintain in full effect their Colorado license to provide child care for a period of 17 months from June 2002 through December 31, 2003. The Contractor also agrees to enter into or maintain a fiscal agreement with the Eagle County 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 toprovide the regional Child Care Resource and Referral agency with updates on vacancies and child care needs as requested on a quarterly basis. The Contractor must complete a follow -up assessment within six months of receiving this grant using either the Environmental Rating Scales or the Colorado Quality Standards for Child Care t and provide a copy of such assessment to the County. Agreement between EAGLE COUNTY and Cheryl Buker PAGE 2 B. All funds received by Contractor 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 for other purposes, shall be returned to the County. C. 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. D. The Contractor hereby authorizes the County to perform audits and to make inspections during normal business hours upon 48 hours written notice to Contractor, for the purpose of evaluating performance under this Agreement. E. The Contractor shall comply with all applicable rules and laws governing child care in Colorado. The Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 5. NOTICE Any notice required under this Agreement shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: TBE CONTRACTOR: Eagle County Cheryl Buker c/o Health & Human Services SSN: 84- 1567474 P. O. Box 660 P O Box 1298 Eagle, CO 81631 Eagle, CO 81631 Notice shall be deemed given 3 days after the date of deposit in a regular depository of the US Postal Service. 6. ASSIGNMENT The Contractor shall not assign any rights or duties under this Agreement to a third party without the prior written consent of the County. Any assignment without the prior written consent of County shall cause this Agreement to terminate. 7. MODIFICATION Any revisions, amendments, or modifications to this Agreement, shall only be valid if in writing and signed by all parties. 8. 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. Agreement between EAGLE COUNTY and Cheryl Buker PAGE 3 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. 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 of litigation in connection with this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs, staff time and any other claim related expense. D. The invalidity or unenforceability of any provision of this Agreement shall not affect the other Provision was omitted. pro an isions hereof, d this Agreement shall be construed as if such invalid or unenforceable E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees its successors from any and all demands, , servants, and losses, liabilities, claims or judgments, together with all costs and expenses including but not limited to attorney fees, incident thereto against, be charged to, or be recoverable from the County which may accrue , its Board Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants an d 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 exercise of its 's Privileges or performance of its obligations under this Agreement. F. The Contractor shall comply with all applicable laws, resolutions, and codes G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after September 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. ยง29 -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. 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. Agreement between EAGLE COUNTY and Cheryl Buker PAGE 4 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 the date first set forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have been delivered to the County and one to the Contractor. County of Eagle, State of Colorado, By and Through Its BOARD of COUNTY COMMISSIONERS ATTEST: Clerk of the Board o r, Chairman no County Commissions "R agle County Board of Commissioners -/"l vo CONTRACTOR: Che Buker l BY: TITLE: