No preview available
HomeMy WebLinkAboutC05-202 Eagle Valley Child Care Association e.05 .. ~;;2 - Z 'Z. AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE V ALLEY CHILD CARE ASSOCIATION THIS AGREEMENT made this 28th day of June, 2005, by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and, the Eagle Valley Child Care Association., hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on July 1, 2005 and shall end on December 31, 2005. 2. SCOPE: The Contractor will operate a child care center with the capacity to serve 34 children between the ages of 6 weeks and 6 years in Eagle County, Colorado. Eagle County agrees to reimburse the Contractor for minor upgrades to the learning environment, specifically replacement of floor coverings in three child classrooms. Items allowable and not allowable for reimbursement are detailed in Attachment A. The proposed utilization of funds for the Eagle Valley Child Care Association is detailed in Attachment B. The maximum amount of reimbursement under this agreement is $ 7,000. 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 ofthe Contractor and obligations ofthe 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 ofthree 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 provide the County with a written report regarding improvements made under this Agreement. Such report shall include copies of program evaluations completed by the Division of Child Care, Colorado Department of Human Services, and the Early Childhood Partners program. 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) 328-8840. I. The Contractor shall submit receipts for expenditures to the County. Reimbursement for expenditures 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 31, 2005 must be submitted by January 6,2005 in order to be eligible for reimbursement. All requests for reimbursement must be documented with receipts. The Contractor may request advances on expenses. All advances on expenses must be reconciled with receipts to Eagle County HHS at the close ofthe 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 Eagle Valley Child Care Association Post Office Box 660 P.O. Box 1700 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: Tvpe 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 ofthis 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 ofthe 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 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. \ EAGLE, STATE OF COLORADO its Board of County Commissioners B : Jo Power T'ci : President, Eagle Valley Child Care Association 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. June 1, 2005 ATTACHMENT B Eagle County Health & Human Services Child Care Quality Improvement Funding PO BOX 660 Eagle, Colorado 81631-0660 Dear Eagle County Health & Human Services: Applicant: Vail Child Care Center Eagle Valley Child Care Association Amy Drummet, Director 2099 N Frontage Rd W PO BOX 1700 Vail, Colorado 81657 P: 970.476.1615 vailchildcare@qwest.net Tax ID #:84-1606599 License Capacity: 9 Infants aged 2 months to 1 ~ years 10 Toddlers aged I year to 3 years 22 Preschoolers aged 2 ~ years to 6 years State of Colorado Large Child Care Center License #: 1506189 Expires: January 2006 Supporting Documentation: Operational Budget for the Organization: Attached Current Profit and Loss Statement: Attached List of Board of Directors: Attached ECERS Scores from Early Childhood Partners: Attached Funding Request: The Vail Child Care Center, operating under the Eagle Valley Child Care Association, has been in operation since 2001 above the City Market in Vail. The center operates three different rooms: an infant room for ages 6 weeks to 12 months, a toddler room for children over 12 months but under 2.5 years, and a preschool room for ages 2.5 to 6 years old. The mission of the Vail Child Care Center is to provide a high quality and developmentally appropriate discovery learning environment for the young children of Eagle County. We service approximately 34 children on a daily basis from the ages of 8 weeks-6 years, and have 42 working families that utilize our center. Vail Child Care Center is in dire need of new flooring. We have obtained 3 bids for this project ranging from $8,500.00-$10,500.00 to have new flooring installed in the hallway, office, and our 3 classrooms. Currently, the entire center is carpeted which is not ideal for children's eating, art, or sensory areas. This setup has contributed to the quick decline of the carpet, so all the flooring bids include a section of commercial tile in each classroom. We feel that new flooring will help with the overall presentation of the entire school for the currently enrolled families in addition to providing a more updated and welcoming environment for prospective parents who visit our center. As the only center in Vail servicing infants to preschoolers, the image of Vail Child Care needs to be up to par with other licensed centers in Vail and across Eagle County. Our goal for completing this project is in the 2005 calendar year. Vail Child Care Center has been seeking funding sources for this project as the center's budget would not allow for such a large expense. The Vail Child Care Center Parent Advisory Board is committed to organizing volunteers to help minimize the cost of the new flooring project (e.g., moving furniture, removal of old carpet), and will arrange babysitting co-ops for working parents on days that the school is unable to have business hours. In addition, 1 st Bank has generously offered to help support the new flooring project with a contribution of$2000.00. Therefore, we are seeking a Quality Improvement Grant to cover the balance of the flooring project, approximately $7000.00. Vail Child Care Center appreciates your consideration for funding for this project. If you have any questions or need additional information, please feel free to contact me. Thank you, ~~ Director Vail Child Care Center