HomeMy WebLinkAboutC05-004 Blue Lake Preschool
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AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
BLUE LAKE PRESCHOOL, Inc.
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, Blue Lake Preschool, Inc.,
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 80
children between the ages of 6 weeks and 6 years in Eagle County, Colorado. Eagle County
agrees to reimburse the Contractor for expenses associated with the development of one toddler
classroom, licensed to serve up to 10 children. Expenses include modification of the facility,
classroom equipment and supplies, stafftraining, and start-up staff salaries.
Items allowable and not allowable for reimbursement are detailed in Attachment A. The
proposed utilization of funds for Blue Lake Preschool is detailed in Attachment B. The
maximum amount of reimbursement under this agreement is $ 19,000.
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 January 16,2005 and December 31,
2006, 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.
1. The Contractor shall submit documentation for the expenditures 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 Blue Lake Preschool, Inc.
Post Office Box 660 0189 JW Drive, Suite C
Eagle, CO 81631 Carbondale, CO 81623
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:
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 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 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. 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.
1. 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 ofthe 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 throug 'ts Board of County Commissioners
t*,
t '"\
By:
om C. Stone, Chairman
CONTRACTOR: Blue Lake Preschool Inc.
By:
Title:
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.
~U8 Lh :PTNdiool, s.c. ATTACHMENT B
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December 14, 2004
Blue Lake Preschool
Michelle Oger, Director
0189 JW Drive, Suite C
Carbondale, CO 81623
(970) 963-4380
blps@rof.net
TAX ID# 84-1544750
License Capacity:_ 8 _Infants 10 Toddlers 36 Preschool _16_ children 5 yrs+
- -- (With this new program we will be adding 10 additional toddlers, age 12 to 24 months.)
License # 102605 Renewal every year in October
Operational Budget for 2004 is attached.
Current Profit and Loss Statement is attached.
List of Board of Directors is attached.
Dear Kathleen Forinash and the Eagle County Board of County Commissioners,
Weare requesting financial support from Eagle County so that we can increase the capacity of
our toddler program. On February 8th of last year we opened an infant center that is licensed for
eight children, age six weeks to one year old. Weare the only center located in the mid valley to
care for children under the age of one. Since we opened our infant room it has been filled to
capacity with a lengthy wait list. We have 14 children currently enrolled in this room and many
of them are turning one. Our toddler program has consistently been full and we are having
difficulty moving these children up to the toddler room due to capacity issues. We would like to
open a second toddler room, licensed for 10 children, age 12 to 24 months. This would enable us
to move up the children who are one and enroll some of the infant and toddler families who are
in need of care.
Being a non-profit preschool, it is difficult to open or add new programs with the limited amount
of income we have. When we opened the infant program last year we were fortunate enough to
receive funding from Eagle and Garfield counties (thank: you again!) as well as the Aspen Valley
Community Foundation. This year we are having a difficult time securing funding from these
other sources. The Aspen Valley Community Foundation has been funding their School
Readiness Initiative meaning we can only receive funding for our preschool programs. Garfield
County accepted
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grant applications last year for infant programs and this year they are focusing on in home
programs.
Weare requesting $19,000 to support the opening and operations of a toddler center. We would
like $14,000 to be used to purchase equipment and supplies to open the center and $5,000 to help
support our first quarter of operating expenses (toddler room only). I have attached our
equipment list as well as our operating budget.
I want to ensure you that Blue Lake Preschool is a center that provides quality care. We strive to
be a leader in the field of Early Childhood. We have a dedicated, professional, group of teachers
who are all lead teacher qualified. We understand the importance of early education for the
children in our care. We are currently in the process of becoming accredited by the National
Association for the Education of Young Children with a deadline to submit by March of 2005.
We have also applied for a grant to have a Qualistar Rating. Weare always working to improve
our center and be an example in our community.
Thank you for reviewing our request. We hope to gain your support in increasing the limited
number of spaces for infants and toddlers in our area. Please let me know if you have any further
questions or need any additional information.
Michelle Oger
Director
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Toddler Center Start Up Costs
Item # Description Co/Pa2e # Quantity Price Total Price
Room Modifications
Eagle County Building Permit 330.00 330.00
Construction 2500.00 2500.00
Cabinets & Counter Home Depot 750.00 750.00
Sink & Plumbing Home Depot 500.00 500.00
Tile Floor for Eating Area Carpet One 600.00 600.00
Room Modification Sub- Total 4,680.00
Equipment
DG311 Toddler Storage Unit LS ! 28 3 239.00 717.00
AA392 Double Duty Storage Center LS! 119 1 299.00 299.00
JC3925 See n Wheel Storage Unit DSS! 154 1 364.44 364.44
AA345 Cubbies LS ! 59 2 399.00 798.00
AA347 Cubby Bins LS ! 59 2 59.50 119.00
AA706 Toddler Transitional Table LS ! 84 2 199.00 398.00
AA709 Transitional Chair LS ! 84 8 65.00 520.00
FB5736 Toddler Spaceline Cots DSS ! 224 4 sets of 5 134.91 539.64
5700T Toddler Sheets DSS ! 224 20 8.48 169.60
DF3645 Rest Blanket LS ! 114 20 11.50 230.00
Bibs Wal-Mart 32 75.00
Toddler Spoons Wal-Mart 32 50.00
Bowls Wal-Mart 16 1.99 31.84
Wash Cloths Wal-Mart 40 20.00
Microwave Wal-Mart 1 79.99 79.99
Glider Rocker Wal-Mart 2 149.99 299.98
On Counter Refrigerator Wal-Mart 1 89.99 89.99
AA828 Infant Changer & Storage LS ! 115 1 479.00 479.00
AA829 Storage Center Bins LS ! 115 1 set of 12 89.00 89.00
LX70 Changing Paper Rolls LS / 115 10 7.40 74.00
Diaper Pail Wal-Mart 1 9.99 9.99
RR417 Changeable Display Center LS /125 1 69.50 69.50
618 Large Mirror DSS! 189 1 85.19 85.19
619 Mirror and Walking Rail DSS /189 1 109.58 109.58
PF17 - 227 Comm. Quad Stroller PWAP /121 2 449.00 898.00
Equipment Sub- Total 6615.74
Dramatic Play
AA455X Washable Baby Dolls LS /9 1 set of 4 75.00 75.00
DS200X Feels Real Newborn Dolls LS / 31 1 set of 4 36.00 36.00
AA323 Toddler Kitchen LS /94 1 295.00 295.00
ELC47306 Activity Pots and Pans DSS /186 1 10.98 10.98
TB886 Giant Washable Food LS / 124 1 set of 13 29.95 29.95
516-20331 Chatter Telephone abc /114 1 12.99 12.99
500- 72731 Chatter Radio abc /114 1 15.99 15.99
AA230X Soft & Cuddly Puppets LS / 120 1 set of 4 29.95 29.95
YG777 Washable Bean Bag Animals LS /124 1 set of 4 18.95 18.95
TT287 Giant Zoo Animals LS / 39 1 19.95 19.95
TT286 Giant Farm Animals LS / 39 1 19.95 19.95
LC908 Giant Dinosaur Set LS / 39 1 44.50 44.50
RR637 Community Real People LS / 42 1 29.95 29.95
PF13-017 Playabout Farm PWAP /141 1 54.95 54.95
Dramatic Play Sub-Total 694.11
Music
CD Player Wal-Mart 1 49.99 49.99
Sounds of Nature CD Wal-Mart 3 12.95 38.85
TR907 Mozart Music Cube LS / 127 1 34.95 34.95
KM8010D Baby Beluga CD LS / 73 1 16.95 16.95
FR 768D Ella Jenkins CD LS / 73 1 16.95 16.95
YHID We All Live Together CD LS / 74 1 13.99 13.99
YH12D Greg & Steve CD LS / 75 1 13.99 13.99
NOXBOX Toddler Rhythm Band DSS /124 1 set of6 24.95 24.95
171-91231 RhythmMaker Piano abc / 11 7 1 29.99 29.99
BBVIS Visual Rainmaker DSS / 124 2 6.75 13.50
Music Sub-Total 254.11
Library
RR629 No Climb Bookstand LS / 117 1 119.00 119.00
RR197 Touch & Feel Big Book LS / 122 1 39.50 39.50
TS428 Touch & Feel Books LS / 127 1 39.95 39.95
RA216 Classic Board Books LS/64 1 set of8 49.95 49.95
TOUCHY Fabric Tactile Book DSS /187 1 6.68 6.68
BRNBEAR Brown Bear Box DSS / 92 1 15.95 15.95
BRNBR Brown Bear Board Book DSS / 92 1 7.55 7.55
HUNGRYC Hungry Caterpillar Box DSS / 92 1 15.95 15.95
CATER Caterpillar Board Book DSS / 92 1 9.49 9.49
SETS Storytelling Literacy Sets DSS / 94 I set of6 59.70 59.70
OLAF Giraffe Cushion DSS / 192 1 126.35 126.35
Library Sub- Total 490.07
Art
EGBRUSH Easy Grip Brushes DSS / 24 2 set of 10 6.99 13.98
SHVBRUSH Shaving Paint Brushes DSS / 24 2setof6 4.95 9.90
CRITTER Critter Stamping Sticks DSS / 28 1 set of 12 11.40 11.40
JSP Jumbo Washable Stamp Pads DSS /28 1 setof6 17.95 17.95
IMAGINE Easy Grip Stampers DSS / 29 1 set of 14 8.97 8.97
10PC No Mess Paint Cups DSS /33 1 set of 10 4.99 4.99
TSC Toddler Scribble Center DSS / 42 1 25.95 25.95
98200 Classic Markers DSS / 45 1 35.95 35.95
CRCHB Chubby Crayons DSS / 49 1 19.49 19.49
LC675 Art Drying Rack LS /5 1 99.50 99.50
Art Sub-Total 248.08
Large Motor
BA 782 Easy Grip Bumpy Balls LS /11 0 1 set of6 19.95 19.95
RR876 Super Soft Big Blocks LS /122 1 set of 12 129.00 129.00
RR794 Soft & Safe Building Blocks LS /125 1 set of26 39.95 39.95
TEXBLKS Textured Foam Blocks DSS /198 1 16.95 16.95
500-33131 Happy Vehic1es Set abc /115 1 set of 4 26.99 26.99
500-30631 Nesting Action Vehic1es abc/115 1 set of 4 14.99 14.99
RR754 Waterfall Climber LS / 88 1 299.00 299.00
LA222 See Through Play Tunnel LS / 102 1 59.50 59.50
PG21-903 Rockin' Puppy Ride On PLAW /138 2 24.95 49.90
Large Motor Sub-Total 656.23
Science
DISCOTAB Discovery Table DSS /186 1 199.88 199.88
MESSYTOP Discovery Table Top DSS /186 1 58.73 58.73
Science Sub- Total 258.61
Manipulatives
S176 Bug Jug LS /120 1 17.95 17.95
AA931 Giant Sight & Sound Tubes LS /124 1 set of5 39.50 39.50
RA229~'" . ,Sensory Toy Set LS /124 1 set of 4 19.95 19.95
LA33dx Toddler Manip. Library LS / 92 1 109.00 109.00
CA615 Giallt'Kl1db Puzzles LS / 93 1 29.95 29.95
RA50d Sensory Stackers LS /124 1 12.95 12.95
HUMSHP Huge Lacing Beads DSS /161 1 10.95 10.95
195-31347 My First Fish Bowl abc / 57 1 19.99 19.99
Manipulative Sub- Total 260.24
Infant Start-Up Total 14,157.19
