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HomeMy WebLinkAboutC05-324 Eagle County Board of Social Services AGREEMENT BETWEEN THE EAGLE COUNTY BOARD of SOCIAL SERVICES AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT made this 1st day of November, 2005, by and between the Eagle County Board of Social Services, hereinafter "Board of Social Services" and the County of Eagle, State of Colorado, a body corporate and politic, hereinafter "Contractor." 1. AGREEMENT: This Agreement shall commence on October 1, 2005 and shall end on June 30, 2006. 2. SCOPE: The Contractor will build and equip a child care center with the licensed capacity to serve 80 children between the ages of 6 weeks and 6 years in Edwards, Colorado. Eagle County Board of Social Services agrees to reimburse the Contractor for the expenses associated with child care equipment and furnishings for the Miller Ranch Child Care Center. The Miller Ranch Child Care Center will expand child care capacity in Eagle County by 80 child care spaces. Items allowable and not allowable for reimbursement are detailed in Attachment A. The proposed utilization of funds for the Miller Ranch Child Care Center is detailed in Attachment B. The maximum amount of reimbursement under this agreement is $ 164,245. Payments will be made in accordance with the requirements of paragraph "C" Section 4 of this agreement. 3. TERMINATION: Either party shall have the right to terminate this Agreement with or without cause at any time by giving the other party ten (10) days prior written notice of termination. Upon such termination any unexpended funds shall be returned to the Board of Social Services. In addition, any funds not properly expended according to project objectives shall be returned by Contractor to the Board of Social Services. Upon termination, the Contractor shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. 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 the Board of Social Services. B. Contractor, through the Eagle County Health and Human Services, shall maintain adequate financial and programmatic records for reporting to the Board of Social Services. 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 Board of Social Services. The Contractor hereby authorizes the Board of Social Services 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 Agreement between Eagle County Board of Social Services And Eagle County Government Page 2 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 Board of Social Services. C. Contractor, through the Eagle County Health and Human Services, shall provide the Board of Social Services with reports concerning the development of child care capacity under this Agreement. The Contractor shall submit billings to the Board of Social Services. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day ofthe 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. D. 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. 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: BOARD OF SOCIAL SERVICES: THE CONTRACTOR: Eagle County Health & Human Services Eagle County Government Post Office Box 660 P.O. Box 850 Eagle, CO 81631 Eagle, CO 81631 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 ofthe Board of Social Services. Any assignment without the prior written consent of the Board of Social Services 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. MISCELLANEOUS: A. This Agreement shall be binding upon and inure to the benefit of the Contractor and the Board of Social Services 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 ofthe other party. Agreement between Eagle County Board of Social Services And Eagle County Government Page 3 B. 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. C. The Contractor shall comply with all applicable laws, resolutions, and codes. D. Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after 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). E. 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. F. 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. G. 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 the Board of Social Services or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. H. 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. Agreement between Eagle County Board of Social Services And Eagle County Government Page 4 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 Board of Social Services and one to the County. COUNTY OF EAGLE, STATE OF COLORADO By d ough Its Board of Social Services CONTRACTOR: COUNTY OF EAGLE, STATE OF COLORADO Bya ugh Its Board of County Commissioners By: Am Menconi, Chairman Miller Ranch Child Care Attachment B EQuipment Quantity price total dishwashers 6 529 3,174 refrigerators 6 679 4,074 washer 1 829 829 dryer 1 529 529 preschool climbing structure 1 7,568 7,568 toddler climbing structure 1 4,618 4,618 toddler shade structure 1 3,368 3,368 sub-total 24,160 Playground Surfaces sq ft price total artificial turf 3750 8 30000 Rubber tiles 885 9.75 8628.75 fencina 265 32 8480 Danic hardware 3 800 2400 49,509 I Window Coverings I 8,2081 Roman Shades Technoloav Costs Server 7,633 Cameras & Software 14,064 access; pager/phone/wiring 8,350 Switch 3,900 Rack/UPS/Power 5,000 Install Phone 1,500 sub-total 40,447 Classroom Furnishings Infant 18,728 Toddler 10,218 Preschool 12,430 microwaves 5 109 545 sub-total 41,921 Total of all child care equipment and furnishings $ 164,245