No preview available
HomeMy WebLinkAboutC04-169 Vail Recreation District~;Q~- ~~q-~ z Agreement between Eagle County and Vail Recreation District AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Vail Recreation District Page 1 THIS AGREEMENT made this 18th day of May, 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and, Vail Recreation District, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on June 1, 2004 and shall end on December 30, 2004. 2. SCOPE: The Contractor will open and operate a child care center with the capacity to serve between 10 and 24 school-age children with after school care by September 30, 2004 in Eagle County, Colorado. Eagle County agrees to reimburse Vail Recreation District up to $ 8,500 for equipment, supplies, and staff training associated with start-up of the child care center. Items allowable and not allowable for reimbursement are detailed in Attachment A. The proposed utilization of funds for Vail Recreation District is detailed in Attachment B. The mazimum amount of reimbursement under this agreement is $ 8,500. 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. 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All funds received by Contractor under this Agreement shall be expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate financial and programmatic records 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 an auditor discovers misuse of funds, the Contractor shall return said misused funds to the County. The Contractor hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. The Contractor will allow access to and cooperate with authorized Health & Human Services representatives in the observation and evaluation of the program and records. The Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with the County. Agreement between Eagle County and Page 2 Vail Recreation District C. The Contractor agrees to enter into and maintain a child care fiscal agreement with Eagle County and to accept children under the Colorado Child Care Assistance Program (CCAP) who are appropriate for the Vail Recreation District Edwards Elementary child care program. The Contractor is not required to give priority to CCAP eligible children. D. Customer Service/Termination: In rendering its services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of the County. In the event that the County finds these standards of customer service are not being met by the Contractor, the County may terminate this Contract, in whole or in part, upon providing ten (10) days notice to the Contractor. E. The Contractor shall comply with all applicable rules and laws governing the licensing of child care programs by the Colorado Division of Child Care. The Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. If the program fails to become fully licensed by September 30, 2004, all funds provided under this agreement shall be reimbursed by the Contractor to the County. F. Contractor shall provide the County with progress reports on meeting licensing standards, and enrollment status. G. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. H. The Contractor will notify Eagle County Health & Human Services immediately of all reports of suspected child abuse or neglect involving the Contractor, including, but not limited to, employees, volunteers and clients. Health & Human Services contractors are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to Eagle County Health & Human Services -(970) 328-8840. I. The Contractor shall submit billings to the County. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day of the subsequent month in order to be eligible for reimbursement, except that billings for services provided through December 30, 2004 must be submitted by January 10, 2005 in order to be eligible for reimbursement. All requests for reimbursement must be documented with receipts or payroll records~The Contractor may request advances on expenses. All advances on expenses must be reconciled with receipts to Eagle County HHS at the close of the contrac~ Agreement between Eagle County and Vail Recreation District Page 3 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: THE CONTRACTOR: Eagle County Health & Human Services Vail Recreation District Post Office Box 660 395 E Lionshead Circle Eagle, CO 81631 Vail, CO 81658 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. 6. ASSIGNMENT: 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. 7. MODIFICATION: Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. 8. INSURANCE: At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Tune of Insurance Workers' Compensation Employers Liability, including occupational Disease Coverage Limits Statutory $500,000 Comprehensive Automobile Liability including all owned, non-owned and hired Colorado vehicles $150,000 per person and $600,000 per occurrence as specified in the Governmental Immunity Act, whichever is greater. Comprehensive General Liability, including broad form property damage $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to Eagle County upon execution of the Agreement. 9. MISCELLANEOUS: 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. Agreement between Eagle County and Page 4 Vail Recreation District 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, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and 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 December 31 st of each calendar year during the term of this Agreement, without the appropriation therefore 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. 3urisdiction 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. No alterations, amendments, changes, or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. Agreement between Eagle County and Vail Recreation District Page 5 J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. K. 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. COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: om C. St e, Chairman ~ `~.cz~c ~~ ATTEST: .;' ~' ~ ~ a~z ~ ~ ~ ~,~ Clerk to the Board of County CONTRACTOR: Vail Recreation District By: ~ Title: o~~ ~G2S su„~i-/s~-- ATTACHMENT A ALLOWABLE ACTIVITIES UNDER THE CHILD CARE AND DEVELOPMENT FUND Funds may be spent for the following: • Activities designed to provide comprehensive consumer education to parents and the public; • Activities that increase pazental choice; • Activities designed to improve the quality and availability of child care; this may include the purchase of equipment and/or supplies purchased as a part of a plan or project specifically designed to increase the quality of child care. • Operating directly, or providing financial assistance, for the development, establishment, expansion, operation, and coordination of resource and referral programs specifically related to child care; • Making grants or providing loans to child care providers to assist such providers in meeting applicable State, local, and tribal child care standards, including applicable health and safety requirements; • Providing training and technical assistance in areas appropriate to the provision of child care services, e.g.; training in health and safety, nutrition, first aid, the recognition of communicable diseases, child abuse detection and prevention, and caze of children with special needs; • Improving salaries and other compensation (such as fringe benefits) for full-and part-time staff who provide child care; and • Minor remodeling to upgrade child care facilities to assure that providers meet State and local child care standards, including applicable health and safety requirements. This may include sectarian organizations. • Any other activities that are consistent with the intent of this section. ACTIVITIES THAT ARE NOT ALLOWED UNDER THE CHILD CARE AND DEVELOPMENT FUND Funds may not be spent for the following: • The purchase or improvement of land, • The purchase, construction, or permanent improvement of any building or facility. • Sectarian purposes or activities with the exception of minor remodeling to upgrade child care facilities as described above. • Tuition. Funds may not be expended for students enrolled in grades 1 through 12 for: - Any service provided to such students during the regular school day; Any service for which such students receive academic credit toward graduation; ~~ Any instructional services that supplant or duplicate the academic program of any public or private school. • Used as the non-Federal share for other Federal grant programs. April 19, 2004 Department of Health & Human Services ATTN: Kathleen Forinash PO BOX 660 Eagle, CO 81631 RE: Future Edwards Elementary After School Program Dear County Commissioners, Attachment B In early April 2004, Edwards Elementary School approached the Vail Recreation District to develop an After School Program after their current After School provider (Happy Campers) terminated their lease in March. Representatives for the Vail Recreation District have met with the Edwards Elementary principal, Cyndy Secrist, and discussed their needs and goals for a new After School provider at their site. Both Edwards Elementary and the Vail Recreation District desire a reciprocal relationship that results in a quality program for Edwards Elementary students. The Vail Recreation District offers a diverse amount of programming on a year-round basis for ages 2-20. These programs include: • Kidzone Unlimited: After School Program and School's Out Day Camp at Red Sandstone Elementary • 20 Below: Drop-In Youth Center • Camp Vail, Pre-Kamp Vail and Camp Eco Fun • Weekly Summer Programs: Arts & Crafts, Skateboarding, Pre-School • Teen programs: field trips, rock climbing, baby sitting classes, cooking classes, special interest cubs • Youth Volunteer Corps • After school classes: art, climbing, cooking, photography & skateboarding • Pre-kindergarten monthly art & activity workshops • Special Events: Little Cupids, Family Carnival, Easter Egg Hunt, Summer Skatefest, Halloween Coloring Contest, Trick or Treat Trot, New Year's Eve • Youth components of community special events (July 4~', Arts Festival, Duck Race, Holiday Fair) • Vail Skatepark organization, implementation and administration • Administration of the Eagle County Youth Activities Grant Program This grant request specifically focuses on our role as an After School provider and our success in that role. In the 2003-2004 academic year, the Vail Recreation District has seen the After School Program at Red Sandstone Elementary grow substantially. The growth of our After School program is in part due to the new school hours established for this year, an increase in the Red Sandstone Elementary population (currently 220 students), and the popularity of our programs and staff with the children and parents. On a daily basis, the After School Program at Red Sandstone serves between 10-24 children. With our experiences at Red Sandstone Elementary, we feel that Edwards Elementary, with a population of approximately 400 students, should have an After School program that is equally or more successful. The Vail Recreation District hopes that our reputation and capabilities for quality After School care help the After School program at Edwards Elementary flourish. The new After School Program at Edwards Elementary would begin at the start of the 2004-2005 school year beginning on Thursday August 18th 2004. In exchange for offering an After School Program, Edwards Elementary has agreed to share both indoor and outdoor space to assist our program's success. Edwards Elementary currently has a population of roughly 400 children in Kindergarten through Stn grade, 70% Latino, all of which will have access to the After School program. Our goal is to offer a high quality program that will be utilized by working parents and families seeking fun recreation for their children. To access the Latino population, we will work collaboratively with Edwards Elementary in marketing and translating all After School Materials into Spanish. In addition, we will work with local organizations to scholarship needy families into the After School Program. I am also in preliminary discussions with the Youth Foundation to discuss how we can operate our programs in cooperation to make them more successful with the population at Edwards Elementary. The Vail Recreation District is requesting $8500 from Eagle County to help with start-up costs, obtaining age-appropriate materials, staff training and development, and quality assessments for the proposed After School program at Edwards Elementary. The After School and School's Out program at Red Sandstone has roughly broken even the past three years (direct contact time with students is paid by program fees) after many years of building the program attendance. The VRD keeps the cost of After School care substantially lower than other district sites ($10/afternoon at Red Sandstone vs. $15/afternoon at other district sites), and further subsidizes the program by paying for all administrative costs and marketing materials. The Vail Recreation District and Edwards Elementary must secure funds from the County to ensure that we do not spend Vail tax dollars in Edwards. It will take some time to build the attendance at the program (from the current average of 7 to the goal of 14 or more) in order to have program fees cover direct contact costs. The VRD will cover administrative and marketing expenses by increasing the program fees at Edwards Elementary. Even if we are successful in meeting these goals, the VRD needs assistance in getting this program started as outlined below. Area Pro osed Bud et A e A ro riate Materials Literac Materials both En lish and S apish $500.00 Gross Motor Equipment (scooters, balls, helmets, bowling pins, mats, etc. $1500.00 Art Materials $750.00 Storage Bins/Organization (to ensure neat community space for Edwards Elementa $250.00 Games Board ames, etc. $400.00 Mani ulatives $400.00 Start-u Costs/Qualit Licensing Costs (either will have to apply for a new School Age Care license OR pay a transfer fee for the current School Age Care license that Edwards Elementary holds) $150.00 Training for Staff (Behavior Management, Special Needs, Mentorin from senior VRD staff, etc. $4200.00 SACERS Evaluation-School Age Care Environment Rating Scale (6 months into program to ensure a high level of quality has been attained $350.00 The breakdown of physical equipment, licensing costs, and afollow-up quality assessment are fairly self-explanatory. The $4200 for staff training and development may need further clarification. The staff and parents of Edwards Elementary strongly desire that the new After School provider offer a high quality program for their children. The Vail Recreation District feels that we have the skills to offer this service, and we want to make sure that future staff working at Edwards Elementary receive diligent hands-on training with what we feel promotes quality in our current programs. Edwards Elementary has conveyed that some of their employees would like to be involved in the new After School program. However, since many of these shared employees have worked in the former provider's program which Edwards Elementary deems low quality or are working in the transitional period program, we want to ensure that these employees receive hands-on mentoring from Vail Recreation District staff regarding our policies and expectations for their role in the program. While the current after school numbers require only one staff member per state regulations, we would like to pair a new After School Staff (EES) member with a senior After School Staff member from the Vail Recreation District to ensure the staff is being properly trained and improving the quality of the program as the numbers grow. We are requesting three months of funding to provide a mentor/director on-site at Edwards Elementary even if the numbers in the program do not necessitate two staff. It is important that we maintain a good relationship with the staff housed at Edwards Elementary, and it is essential that we improve the program and staff/children interactions for the program to grow and be successful. In addition to mentoring with Vail Recreation District employees, we want our new staff to have opportunities to attend school age care trainings and also opportunities to work with outside mentors. If you need any further information or have any additional questions, please feel free to contact us directly. We are very interested in building this program at Edwards Elementary, and hope that we will be working together in the near future. Sincerely, Amy Drummet Youth Program Coordinator AdrummetCa~vailrec.com 395 E Lionshead Cr Vail, CO 81657 (970)479-2292 Chad Young Youth Program Coordinator youngt'a~vailrec.com