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HomeMy WebLinkAboutC02-191 Colorado Mountain CollegeMEMORANDUM of UNDERSTANDING BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Colorado Mountain College THIS AGREEMENT made this q4—& day of July, 2002, by and between the County of Eagle, State of Colorado, a body corporate and politic, ( "County ") and Colorado Mountain College, hereinafter "Contractor." 1. TERM of AGREEMENT : This Agreement shall commence on July 1, 2002, and continue until terminated in writing by either the County or the Contractor. 2. SCOPE The purpose of this agreement is to clarify the working relationship of the parties in the conduct of Early Head Start group socialization activities at the facility of Colorado Mountain College's Edwards Campus. Group Socializations are a component of the Early Head Start Home Visitation program. Group Socialization are designed to promote social interaction among children and parents. At Groups, parents and children engage in activities that focus on developing their relationships with each other as well as with other parents and children. Activities are designed to demonstrate how children learn in a group and to foster how parents can become good observers of their children if they are directed to watch certain activities, behaviors, or specific relationships. Parents participate so that they can learn as well. Group Socialization include activities that involve group play as well as individual play. A meal or snack is provided in a family style manner. An educational table topic provides stimulation and thought for families during meal time. Groups last approximately 1 %2 hours. The Contractor will provide space in the CMC Edwards campus as a donation to the Eagle County Early Head Start Program. No fees will be attached. 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 and obligations of the County shall terminate and cease immediately. Agreement Between EAGLE COUNTY EARLY HEAD START and Colorado Mountain College - Page 2 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: The Contractor agrees to make available areas that include a classroom, kitchen space, bathrooms, the cleaning room closet and storage space for the purpose of conducting group socialization and parent involvement activities through the Early Head Start program operated by the County. There shall be no fee associated for these areas. Such program use shall be permitted and scheduled before 4:00 p.m as permitted by the Contractor. Jan Attoma will be the contact person for the purpose of facilitating and scheduling use Specifically, 1.) Space will be made available for the Early Head Start staff to conduct group socialization and parent involvement activities twice a month for up to four hours giving EHS time to set up and to clean after the group. EHS will be completely out of the building by 4:00 p.m. 2.) Space will be made available in a classroom wherein equipment and supplies may be stored. Equipment, toys, and supplies provided by the Early Head Start program may be used by the Contractor. 3.) Utilities will be provided by Contractor for the facility including water, sewer, electricity, heat and trash removal. 4.) Janitorial services will be provided by the Contractor. If significant cost for these services increases due to Early Head Start Program use, the partners will reassess cost and work together in sharing these costs. Early Head Start staff will leave the areas in the condition they were found or in better condition following use by the program. EHS staff will remove trash to trash bins outdoors following use. Removal of snow and ice from outside walkways will usually be provided by the Contractor unless there is a significant snow fall, then the Early Head Start Program will assist with snow removal prior to Group Socialization. 5.) A key to the building will be provided to the County. 6.) To certify compliance with Drub Free workplace requirements by the signing of this agreement 5. COUNTY'S DUTIES The County, through its Early Head Start program, agrees to facilitate transportation for Early Head Start families to the community site and conduct the parenting, child development and health programs as outlined in its annual plan for Early Head Start. Specifically; 1.) An Early Head Start staff person will be present for all Early Head Start program use at the Contractor's facility to supervise and monitor group activities. Agreement Between EAGLE COUNTY EARLY HEAD START and Colorado Mountain College - Page 3 2.) Early Head Start will assure that all children are accompanied by their parent(s) and that children who have communicable illnesses are excluded from participation in Early Head Start activities at the Contractor's facility.. 3.) Early Head Start will provide information on group socialization and parent involvement activities, including an advance written monthly schedule of proposed use of the Community Partner's facility. 4.) Early Head Start will make available and designate program activity furniture and equipment for reasonable use by the Contractor when Early Head Start activities are not being conducted. Replacement of program equipment will be the responsibility of the Early Head Start Program. 5.) The County will name the Contractor as additional insured under County's insurance policy for physical and personal liability purposes. Eagle County will provide a copy of policy to the Contractor. 6.) The County hereby indemnifies, to the extent allowed by law, the Community Partner for liability for any act caused by the Early Head Start Program. 7.) All equipment and supplies (including fence) provided by the Early Head Start Program shall remain the property of the Early Head Start Program and will be removed if we cease to use the Contractor's facility. 6. 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 7. ASSIGNMENT THE CONTRACTOR Colorado Mountain College 139 Broadway St. P.O. Box 249 Eagle, CO 81631 The Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. Any assignment without the prior written consent of County shall cause this Agreement to terminate. 8. MODIFICATION Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. Agreement Between EAGLE COUNTY EARLY HEAD START and Colorado Mountain College - Page 4 9. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance Comprehensive General Liability, including Broad form property damage 10. MISCELLANEOUS Coverage Limits $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater A. The parties to this Agreement intend that the relationship of the Contractor to the County is that of 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. Neither party may assign or 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 provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, incident thereto which may accrue against, be charged to or be recoverable from the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, 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. G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after July 31 st of each calendar year during the term of this Agreement, without the 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). Agreement Between EAGLE COUNTY EARLY HEAD START and Colorado Mountain College - Page 5 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 agreements 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 the date first set forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have been delivered to County and one to the Contractor. COLORADO MOUNTAIN COLLEGE: r � �