HomeMy WebLinkAboutC04-370 Angela Mueller
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
ANGELA MUELLER
THIS AGREEMENT made this 16th day of November, 2004, by and between the County of
Eagle, State of Colorado, a body corporate and politic, "County" and, Angela Mueller,
hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on November 16, 2004 and shall end on June 30, 2005.
2. SCOPE: The Contractor will open and operate a family child care program with the capacity
to serve six children by 3une 30, 2005 in Eagle County, Colorado. Eagle County agrees to
reimburse the contractor up to $1,596 for equipment and supplies associated with start-up of the
child care program. Items allowable and not allowable for reimbursement are detailed in
Attachment A. The proposed utilization of funds is detailed in Attachment B. The maximum
amount of reimbursement under this agreement is $1,596.
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 maybe 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.
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 child care program. The Contractor is not required to give priority to
CLAP 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 June 30, 2005, all funds provided
under this agreement shall be reimbursed by the Contractor to the County.
F. Contractor shall provide the County with monthly reports concerning services under this
Agreement . Such report shall include the progress 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 -Adult and Family Services Division -
(970) 328-8846.
I. The Contractor shall submit monthly 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 June 30, 2005 must be submitted by July 3, 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 month.
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 Angela M. Mueller
Post Office Box 660 3011 Basingdale Blvd
Eagle, CO 81631 Vail, CO 81657
Notice shall be deemed given three (3) days after the date of deposit in a regulaz 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:
Type of Insurance Coverage Limits
Comprehensive General Liability, including
broad form properly 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.
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 ofany 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 Boazd 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 a$er June 30~' of each calendar yeaz 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. 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. No alterations, amendments, changes, or modifications to this Agreement shall be
valid unless executed by an instrument in writing signed by both parties.
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:
„ . Tom C. Stone; Chairman
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Cler to the Board of Coun Co issioners
CONTRACTOR: Angela Mueller
The Treehaus Early Learning Program
BY~ nr~ ~y~ ' _t
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 parental 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 care 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 l 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.
To: Kathleen Fornash Attachment B
Re: Childcare and Development Fund Request
From: The Treehaus Early Learning Program
Angela M Mueller
3011 Basingdale Blvd.
Vail, Colorado 81657
Phone: 970.476.1281
Email: mueller.a~,comcast.net
Description of Program
The Treehaus Early Learning Program is a state licensed in home preschool that cares for
six children from the ages of 12 months to 6 years, effective September 7, 2004.
The mission of the program is to create an environment that teaches the joy of learning.
The children lead the learning process each day. Each child that comes to the Treehaus
Early Learning Program is respected as an individual and encouraged to develop his/her
total personality at an individualized pace and within an individual growth style.
The Treehaus Early Learning Program is a Montessori based school and is neither
babysitting nor a day care service. Rather, we provide a unique cycle of learning designed
to take advantage of the child's early sensitive years when a child absorbs information
easily from an enriched environment. The daily schedule is as follows:
Daily Schedule:
Time Activit Descri tion/Skill Focus
9:00-9:30 Drop Off/Free play Children focus on
work'obs and room setu
9:30-9:45 Circle Time Sto and work'ob
9:45-10:00 Snack Mornin Snack offered
10:00-10:30 Group Time Work on child focused
ro'ect
10:30-11:00 Free play Work on jobs set up in
room
11:00-11:30 Music and Movement Work with gross motor
activities
11:30-11:45 Clean up Clean up morning
activities, wash hands for
lunch. Setup mats for
children sta in for na
11:45-12:15 Lunch Family style lunch-
children set up lunch with
hel
12:15-1:30 Outside time Play time outside on
la round
1:30-1:45 Wash hands, bathroom Children prepare for
home or naptime
2:00 Pickup Early Children are picked
u
1:45-3:00 Naptime Children staying nap-
'ournals written in
3:20 Cleanup Mats put away/wakeup
and hands washed
3:35 Snack/Story Snack and story, end of
da reca
4:00 Picku Parents icku
Startup costs:
I am asking for help with the startup costs of an early learning program
The costs that will be incurred are:
1. Licensing Fee: $56.00
2. Fence Material Costs:
State licensing requires a fenced area of 75 sq. feet per child. We are fencing in 600
sq. feet to allow for growth to 8 children in future. The chain link fencing costs are:
a. (3) 4' X50' foot rolls: 156.00
b. (4) gates: 119.00
c. (8) term posts 100.00
d. (6) Line Posts 50.00
e. 110' Rail: 90.00
f. Misc Hardware 210.00
Total actual cost: $725.00
3. Mats for Rest Time:
Needed five 2" Rest Mats: $114.9? from Teacher School Supply
4. Children size table and Chairs: $220.00: Kidcraft 6 chairs and table
5. Sensory tub: $130.00: Discount School Supply
6. Manipulative and fine motor material for children to work with: $225.00 (startup-
ongoing with wishlist given out to parents and I have made many workjobs to start
with)
a. workjobs: math, language, practical life, sensory, science:
Specific examples: 6 trays, 8 baskets, Number rods, sandpaper letters, pouring
pitchers, wooden dowel rods, wooden numbers, funnel, small rolling pins-3,
language box (small animals, objects to promote language), small hammers-3,
letter bags
7. First aid kit and gates for stairs: $125.00
2
Descri tion of How man Total cost
Licensin Fee 1 56.00
Fencing-
su lies onl 600 sq. feet 725.00
Mats 5 114.97
Work'obs 8 225.00
Table and
chairs 1 table 6 chairs 220.00
Senso Tub 1 130.00
First aid/ ates 1 kit 2 ates 125.00
Total $1595.97
These are the startup costs I have to date and have found that running a high quality
preschool takes support from the community. I am requesting $1595.97 to startup a high
quality, state licensed program in Eagle County. I look forward to hearing from you soon.
If you have any questions, please call me at 476-1281. Thank you again,
Sincerely,
Angela Mueller
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