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HomeMy WebLinkAboutC08-294AGREEMENT BETWEEN EAGLE COUNTY AND THE EAGLE COUNTY SCHOOL DISTRICT CONCERNING THE GYPSUM CHILD CARE CENTER ~ ~` ~o~ THIS AGREEMENT, made on this day of 2008, by and between the Eagle County, Colorado, a body politic and corporate, by and through its Board of County Commissioners ("County") and the Eagle County School District, by and through its Board of Education ("District"). RECITALS: WHEREAS, there exists a shortage of affordable child care facilities and child care providers available to serve the working residents of Eagle County; and WHEREAS, County and District desire to partner so as to provide additional child care opportunities for their employees and other Eagle County residents through the development of a new child care center in Gypsum, Colorado, that will serve up to 50 children per day; and WHEREAS, the development of this additional child care center within Eagle County will increase the number of available child care spots throughout Eagle County and thereby promote the health, safety and welfare of Eagle County residents; and WHEREAS, County and District intend by this Agreement to set forth the scope of their respective responsibilities in connection with the development and licensing of the child care center and the provision of public childcare to govern the relationship between County and District with respect to this project. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: Section One: County Responsibilities. A. County has leased certain property located at 500 Red Table Drive, Gypsum, Colorado 81637, described as Units lA, 1B and 1F and consisting of approximately 4178 square feet (hereinafter the "Property" or the "Child Care Center"), for the purpose of creating a location for a large scale child care center to serve the Western portions of the County. B. At its own expense, County will provide the necessary infrastructure and construction work to bring the Property up to Colorado state childcare licensing standards as a childcare center with two playgrounds, four classrooms and the ability to serve 50 children per day. If necessary, the Property will be renovated so as to include the following: i. Two (2) Preschool Classrooms that will accommodate at least thirty-two (32) children between the ages of 3 and 5 years. ii. One (1) Toddler Classroom that will accommodate at least ten (10) children between the ages of 18 and 36 months. iii. One (1) Infant Classroom that will accommodate at least eight (8) infants between the ages of 6 weeks and 18 months. iv. Two (2) playgrounds (one infant/toddler playground and a separate preschool playground). C. For a period of one (1) year, County will reserve and guarantee utilization of eighteen (18) of the fifty (50) childcare spots at the Childcare Center at a rate of $900 per spot each month. The spots reserved will be in the Toddler and Infant Classrooms. Thus, Eagle County will guarantee a total payment to the District of $16,200 per month, which equates to a total of $194,400 for the year. All funds received by the District under this Agreement shall be expended solely for the purpose of fulfilling the terms of this Agreement. If in the event such funds are lost or diverted to other purposes other than those provided herein, the County, those funds must be forthwith returned to the County. D. County will not be responsible for licensing, operational or any employment related issues associated with the Childcare Center. County's responsibilities are limited to those specifically enumerated in this Section One. Section Two: District Responsibilities. A. The District agrees to reimburse County for rental payments made by County to lease the Property as follows: i. From the Child Care Center's opening date until December 31, 2009, District will sublease the Property from County at the rate of Five Thousand Five Hundred Eighty Five Dollars ($5,585) per month. The first payment may be prorated to coordinate with the Child Care Center's opening date. ii. Beginning on January 1, 2010 and ending with the May 2010 monthly installment, District will sublease the Property from County at the rate of Seven Thousand Two Hundred Eighty Dollars ($7,280) per month. iii. Beginning with the June 2010 monthly installment and ending with the May 2011 monthly installment, District will sublease the Property from the County at the rate of Seven Thousand Five Hundred Seventy One Dollars and Sixteen Cents ($7,571.16) per month. iv. Beginning with the June 2011 monthly installment and ending with the May 2012 monthly installment, the District will sublease the Property from County at the rate of Seven Thousand Eight Hundred Seventy Four Dollars and Eight Cents ($7,874.08) per month. v. Beginning with the June 2012 monthly installment and ending with the May 2013 monthly installment, the District will sublease the Property from County at the rate of Eight Thousand Five Hundred Dollars ($8,500) per month B. The Property will be used by District solely for child-care related activities and events. Any other use of the Property shall require the advance written consent of County's landlord. C. At its own expense, the District shall take all measures necessary in order to license the Child Care Center in accordance with the standards developed by the Colorado Department of Human Services, Division of Child Care. District shall maintain said licensing, at its own expense, throughout the term of this Agreement. D. At its own expense and in accordance with the Colorado Department of Human Services requirements, District shall hire and employee the appropriate number of child care providers certified by the Colorado Department of Human Services, Division of Child Care to work at the Child Care Center. District shall be responsible for ensuring that such child care providers are properly trained and certified in accordance with the standards set forth by the Division of Child Care. E. District shall provide all classroom and program supplies necessary to comply with facility licensing requirements set forth by the Colorado Department of Human Services, Division of Child Care. F. District shall organize and manage any applicable waitlists for child care spots, and will provide advertising and community outreach programs, where necessary. G. District will participate with County in all applicable Colorado Child Care Assistance Programs that provide financial assistance to low-income Eagle County families that are working, searching for employment or are in training, and families that are enrolled in the Colorado Works Program and need child care services to support their efforts toward self- sufficiency. H. District will be solely responsible for the daily operation and management of the Child Care Center and will have full authority to make all business and management decisions relating to the operation of the Child Care Center. I. District will reimburse County for payment of any and all taxes, assessments, license taxes, fees and other charges levied, assessed or imposed and which become payable during County's lease of the Property. J. In the event any damage occurs to any part of the Property as a result of or arising from any act, accident, negligence or willful misconduct on the part of District or any of District's staff, employees, agents, guests and/or invitees, District shall be responsible for any payments that are required to be made to Landlord for the cost and expense attributable to such act, accident, negligence or willful misconduct to maintain, repair or replace such damage to the condition as existed prior to such damage, and District promises and agrees to promptly reimburse County or its Landlord for any such cost or expense promptly within thirty (30) days following receipt of an invoice from Landlord or County. K. County will maintain commercial general liability insurance, property damage insurance, and fire and extended coverage insurance as required under the lease agreement between County and Gypsum Capital Partners, LLC, dated as of May 28, 2008. County will bill District on an annual basis for the full cost associated with the insurance coverage required by the lease. The cost to insure the Child Care Center has been estimated at $1,227.00 for the year 2008. Upon completion of construction of the Child Care Center, the County will bill District, on a prorated basis, for its insurance costs for the current year. Each lease year thereafter, County will bill District for its insurance costs and the District will pay County within 30 days of receipt of an invoice for the full cost to maintain said insurance. L. Upon completion of the construction of the Child Care Center, District will promptly contact all utility companies, including water, sewage disposal, gas, electricity, light, heat, power, telephone or other utility services used, consumed in or supplied to the Premises and cause all accounts to be charged solely in the District's name. District shall be entirely responsible for payment of said utility charges directly to the supplier of such utilities and District shall promptly pay for such utilities upon receipt of an invoice from said utility companies. Section Three: Term o~ Agreement. The term of this Agreement shall commence upon execution of the Agreement by both parties. This Agreement is continuing in nature and will renew automatically from year to year for at least five years, in accordance with the terms of Section 2(A) herein. Section Four: Notice. Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, and addressed to the following: Eagle County: Suzanne Biermann Director of Eagle County Health and Human Services Dept. P.O. Box 660 Eagle, Colorado 81631 Phone: (970) 328-8840 Fax: (970) 328-8829 Eagle County School District: Sandra Smyser, Ph.D. Superintendent PO Box 740 Eagle, Colorado 81631 Phone: (970) 328-1924 Fax: (970) 328-1024 Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. Section Five: No Assigpment. Neither party may assign or delegate any rights or duties under this Agreement to a third party without the written consent of the other party. Section Six: Miscellaneous. A. The parties of this agreement intend that the relationship each party to the other is that of an independent contractor. No agent, employee or officer of County shall be deemed to be and agent, employee or volunteer of District and no agent, employee or officer of District 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 District and County and the respective heirs, legal representatives, executors, administrators, successors and assigns. C. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. The parties agree to attempt to resolve all disputes prior to initiating litigation. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed each party shall pay its own litigation costs. D. The validity of unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. To the extent allowable by law, District shall indemnify and hold harmless the County, its officers, agents, employees, servants, and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses incident thereto which may accrue against, be charged to or be recoverable from the County, its officers, agents, employees or servants and its successors, as a result of the acts or omissions of District, its employees, agents or volunteers, in or in part pursuant to this Agreement or arising directly or indirectly out of District's exercise of its privileges or performance of its obligations under this Agreement. F. District shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. G. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after December 31, 2008 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~' day of Q'~~-~- 2008. One counterpart each has been delivered to the District and County. COUNTY OF EAGLE, STATE OF COLORADO, by and through its ~a~?of C~~,,s unissioner AT ST• of ~r / ~~Z~'' `~% .~ ~r1~ ~ \~Q ter F. Runyon, Chairman Clerk to theBoard `~ ,~. n ---------~ ~,~ v 1 EAGLE COUNTY SCHOOL DISTRICT, by and through its Board of Directors ATTEST: By: N,^~ i S~ Ff~ nl Cl e oard Title: V~~c-~' ~~S~~ENT