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HomeMy WebLinkAboutC05-320 Growing Years Preschool AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Growing Years Preschool, Inc. THIS AGREEMENT made this 1 st day of November, 2005, by and between the County of Eagle, State of Colorado, a body corporate and politic, "County" and, the Growing Years Preschool, Inc., hereinafter "Contractor," 1. AGREEMENT: This Agreement shall commence on November 1,2005 and shall end on June 30, 2006, 2. SCOPE: The Contractor will operate a child care center with the licensed capacity to serve 25 children between the ages of 6 weeks and 6 years in Basalt, Colorado, Eagle County agrees to reimburse the Contractor for the expenses associated relocation of the Growing Years Preschool program and maintaining child care capacity; and, for new equipment expenses that will maintain and enhance the quality of the Growing Years Preschool. Items allowable and not allowable for reimbursement are detailed in Attachment A. The proposed utilization of funds for the Growing Years Preschol is detailed in Attachment B, The maximum amount of reimbursement under this agreement is $ 30,000, Payments will be made in accordance with the requirements of paragraphs "F" and "I" of Section 4 ofthis agreement. 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 subj ected 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 mles 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. Ifthe program fails to be licensed between October 1,2005 and June 30, 2007, all funds provided under this agreement shall be reimbursed by the Contractor to the County. F. Contractor shall provide the County with reports on the progress of relocation and licensing; creation of learning environments that maintain their Qualistar rating. Such reports will include the enrollment of children and copies of program evaluations completed by the Division of Child Care, Colorado Department of Human Services, and Qualistar. 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) 704-2760. 1. 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 June 30, 2006 must be submitted by July 3,2006 in order to be eligible for reimbursement. All requests for reimbursement must be documented with receipts or payroll records. The Contractor may request advances 011 expenses. All advances 011 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 Growing Years Preschool, Inc, Post Office Box 660 0200 Elk Road Drive Eagle, CO 81631 Basalt, CO 81621 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 ofthe Contractor to the County is that of independent contractor. No agent, employee, or volunteer ofthe 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 ofthe 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 and December 31st 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. EAGLE, STATE OF COLORADO INts Board of County Commissioners ~ CONTRACTOR: Growing Years Preschool, Inc. By: 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 Request for Funds from Eagle County Amount Requested: $ 30,000 Background Growing Years School, Inc, was started in 1988 as a private program by Chalmers and Debra Chalmers, philanthropists interested in providing a home like child care facility in a growing neighborhood, In 1998 the Morse family was forced to move for health reasons, They provided for St. Peters Episcopal Church to take over the building with the proviso that the child care and parent/teacher resource centers be allowed to occupy their spaces for a five year period, At that time Growing Years School incorporated as a not- for-profit center operating under a Board of Directors with its own bylaws and tax free 501 ( c) (3). This year St Peters has asked Growing Years to vacate the premises by November 15th so they can serve their own growing membership better. The Board has negotiated with the Basalt Middle School to place a two unit portable facility on school property for immediate use, The unit will arrive October 15th and will need to have all utilities connected. A Board member is working with the Middle School to facilitate this, In the Fall of 2006, space will be available in the Middle School to provide a child care facility which may be enlarged to serve additional children with the possibility of including infants. The Board is planning a capitol fund raiser to provide funds for the necessary revisions, which will be extensive. It consists of a large room, office and storage space on the ground floor and an equally large space on the second floor. An architect who is a Board member has drawn up plans and is working with Curt Granlund to be sure the spaces will meet licensing requirements, We have had tremendous support from our parents who have organized committees to help with needed carpentry work, assist in moving, working on fund raising and cleaning up the St. Peter's facility. In the meantime we are seeking one time funding for three purposes: . Electrical, water and sewage hook ups for the trailer . Cost of equipment which is not movable and/or needs replacement . Cost of moving large equipment (including [playground) Portable Unit: Rental of the trailer is included in our budget, but the cost of hooking up the utilities (electricity, water and sewage) is high. Cost of getting the mobile unit operational has been estimated at $30,000, $20,000 of which has already been raised, Weare requesting $10,000 in this proposal. $10,000 Needed Equipment Weare seeking funds to enhance the equipment in the toddler and pre kindergarten classrooms. Our cubbies and shelves are built in and not movable. Floor spaces in the mobile unit are limited. Loft will permit us to extend our footage so we may serve all our children. Some of our equipment is on loan from parents and patrons and most of it has long since been amortized, We have made no significant new purchases since the program started. Replacements will certainly enhance the quality of our programs, Our plan is to purchase high quality equipment all of which will be moved to our new facility in the Middle School. Lofts: We will need to purchase lofts in the preschool room in order to increase our footage to serve approximately the same number of children we are now serving $ 2,000, Shelves Replacement of built in and old shelves Comer, tote, block, manipulatives 2500. Toddler 1500, art cart 250 Book displays 500, Cubbies Individual children cubbies are built in and not moveable. 25 cubbies 2800, Cots/mats The condition of our sleeping mats necessitates replacement 10 cots ($500,) 20 mats ((600) Storage $1600, Blocks/Accessories Our blocks need replacement. The ones we are using have been on loan. PK set of blocks (unit and hollow) 3000. Toddler blocks 800 Trucks and other accessories are very limited and need refurbishing Small/large trucks/ cars 1200. Dramatic Play Housekeeping 700, Writing Center 600 Mirrors 450 Baskets/container 450, Toddler Equipment Changing table with stairs to enhance self help activities in young children 1100, TOTAL (EQUIPMENT) 19,450. Moving Costs Last year we raised money for our outdoor play areas for both the toddlers and pre kindergarten groups,.. This consisted of climbers; ground covering to meet state standards, sand boxes and a large play house and all accessories... Cost of moving these pieces will amount to an estimated $ 500, We will also need to provide fenced in areas for toddlers and pre kindergarten children which is estimated at $800, Our parents are volunteering to provide some of the work, but we are seeking additional funds for the equipment which will need some professional attention, TOTAL MOVING $ 550. TOTAL REQUESTED $30,000 From its inception Growing Years has taken great pride in providing the highest quality services for children and their families. We meet and exceed all guidelines for licensing; we are postponing our NAEYC re accreditation until we are housed in our new facility. Weare a two start Qualistar facility, but we have already made plans to meet all the requirements to be at the highest level. Four staff members are taking classes with graduate/undergraduate credit from the University of Colorado at Denver. Weare actively engaged in professional activities. We serve approximately 35 families with full/part time services. It is essential that we provide continuity for the children as we face these changes, Because Growing Years has enhanced the quality of the spaces during its occupancy by installing wooden floors, air conditioning, etc., St. Peters has given us these last two months rent free, which provides some funds for our expensive move, Cost of shipping/handling has not been included, We will try to get these donated, Should this fail, we will adjust our budget or raise additional funds. Any further documentation can be provided upon request. Laura Mitchell, Director 970 927 8008 Lance Burwell, Board President Bertha Campbell, Board Member 970 927 4396