HomeMy WebLinkAboutC05-003 The Family Learning Center
1J,.tJ5 ... /)f) '8 ... 'Zz.
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE FAMILY LEARNING CENTER
THIS AGREEMENT made this 4th day of January, 2005, by and between the County of Eagle,
State of Colorado, a body corporate and politic, "County" and, The Family Learning Center,
hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on January 4,2005 and shall end on June 30, 2005.
2. SCOPE: The Contractor will operate a child care center with the capacity to serve 140
children between the ages of 6 weeks and 6 years in Eagle County, Colorado. Eagle County
agrees to reimburse the Contractor for the purchase of "Second Step" preschool curriculum to be
shared by three preschool classrooms; and to purchase a changing table for one toddler
classroom. Items allowable and not allowable for reimbursement are detailed in Attachment A.
The proposed utilization of funds for The Family Learning Center is detailed in Attachment B.
The maximum amount of reimbursement under this agreement is $ 1,050.
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.
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 Contactor's 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 be licensed between November 16, 2004 and December 31,
2005, all funds provided under this agreement shall be reimbursed by the Contractor to the
County.
F. 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.
G. 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) 328-8840.
I. The Contractor shall submit receipts for the purchase of items noted under "2. Scope".
Reimbursement will be contingent upon receipts.
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 The Family Learning Center
Post Office Box 660 31626 US HWY 6
Eagle, CO 81631 Edwards, CO 81632
Notice shaH 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:
Type of Insurance Coverage Limits
Workers' Compensation Statutory
Employers Liability, including occupational
Disease $500,000
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 ofthe 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 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 June 30th 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. 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 Board of County Commissioners
CONTRACTOR: The Family Learning Center
By: ry~~
Title: Cycc.wh're. D;~-
ATTACHMENT A
ALLOW ABLE 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 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.
.
Attachment B
Eagle County Health & Human Services
ChOd Care Quality Improvement Funding
Information required
Name of Organi7.ation: The Family Learning Center
Name of Owner: 501 to 3
Physical Address: 31626 US Highway 6, Edwards, CO 81632
Mailing Address: Same
Business Phone 926-7070
Business e-mail: familylc@vail.net
TAX ill ## 84-1519047
License Capacity _ 16 _Infant_54 _Toddler 70 Preschool _0_ children 5 yrs+
- -
License ## 41757 Expiration Date 2/06
Operational Budget for the Organization
Current Profit and Loss Statement (if currently in operation)
List of Board of Directors (if applicable)
How the requested funds would be utilized. Please attach independent ECERS scores and
reeommendations of the Early ChUdhood Partnen program.
Funds would be utilized to purchase a set of the "Second Step" curriculum to be shared among
the 3 preschool classrooms; and to purchase a changing table for one toddler classroom.
Second Step $350
Changing table $700
It is the recommendation of the Early Childhood Partners that the preschool teachers utilize the
"Second Step" curriculum to promote social and emotional development in their classrooms on a
regular basis. EC Partners Will provide training and demonstration lessons for the teachers but
~hers .~. be~x})eCted to continue using the curriculum throughout the year on their own.
Having aCcess to tIle~als without having to borrow from EC Partners will help to ensure
this happenS. This issue was identified by EC Partners due to the results of the DECA' s
completed in each classroom.
The changing table is necessary for tile safety of the children since tile one currently being used
does not have a 6" safety railing; and for the health of the teachers who need to lift children onto
the table. The new table Will have stairs for the children to use which will protect the teacher's
backs and a railing to protect the children from accidental falls. These issues are identified on tile
ITERS items # 2-7.1, 9-5.3, 11-5.1
