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HomeMy WebLinkAboutC09-049 Eagle Valley Child Care AssociationEAGLE VALLEY CHILD CARE ASSOCIATION Miller Ranch Child Care Center Business Partner Agreement with Eagle County THIS AGREEMENT, made on this ~ day of February, 2009, by and between the Eagle Valley Child Care Association, hereinafter called "EVCCA" and Eagle County, hereinafter called "Business Partner" or "County". THAT, In consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE A. The County agrees to provide a contribution of $11,250 during the twelve month period beginning January 1, 2009 to EVCCA for the purposes of reserving each child care space at the Miller Ranch Child Care Center and the Vail Child Care Center; thus making child care services available to working parents at a reduced rate (subject to Colorado State Law). These rates are subject to, and may change, from year to year without prior notice. B. As a Business Partner with EVCCA, a total of 4.2 child care spaces are being reserved in Eagle County's name for Eagle County employees. Currently, 3 spaces are reserved at the Miller Ranch facility and 1.2 spaces are reserved at the Vail facility, but the allocation of the spaces may change upon mutual agreement by both parties. County will have priority to reserve additional child care spaces in return for annual child care contributions, as established by EVCCA, as those child care space become available, based on the date and time priority of this agreement. C. As a Business Partner, Eagle County will have an opportunity to renew its contribution and reserved child care space(s) on an annual basis at the rate established by EVCCA based on current annual operating costs of the child care facility. D. In the event that the County terminates its contract with EVCCA, the County is required to notify EVCCA in writing two weeks prior to the beginning of the next contract year. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence on January 1, 2009. This contract is continuing in nature and will renew automatically from year to year unless terminated pursuant to the terms of this agreement. B. County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifying the date of termination, which date shall be not less than ten (10) days from the date of the notice. In the event of termination of this Agreement, County acknowledges that County will lose its priority business partner wait-list position. C. EVCCA may terminate this agreement on 10 days notice if it is deemed by the EVCCA that the County is not meeting the terms of this agreement. D. Should the EVCCA become insolvent, bankrupt, dissolve, or fail to maintain its license as a child care facility under the State of Colorado, the County may declare in writing that this Agreement is terminated and all rights of EVCCA and responsibilities of the County shall thereupon terminate and cease immediately. 3. BUSINESS PARTNER RESPONSIBILITIES A. The County agrees to make four quarterly payments of $ 2812.50 (beginning January 1, 2009) to EVCCA in return for reservation of each child care space. The total number of spaces reserved under this agreement for the year 2009 is 4.2. Quarterly payments are due in January, April, July, and October. Quarterly payments are not reimbursable. In the event the contract is terminated by County after a quarterly payment has been made, the County will not be entitled to reimbursement of the previously submitted quarterly payment. B. The County agrees to identify in writing to EVCCA the employee(s) who is/are authorized to use the child care space(s) reserved under this agreement. 4. EAGLE VALLEY CHILD CARE ASSOCIATION RESPONSIBILITIES A. In 2009, EVCCA agrees to reserve 4.2 child care spaces with the Eagle Valley Child Care Association for County employees. Child care will be available through EVCCA, Monday through Friday from 7:30AM to 5:30PM. Children who are acutely ill, who have a fever or contagious illness will not be accepted for care based on the sole discretion of child care staff. Children who have a chronic illness or disability will be accepted based on the ability of EVCCA to provide appropriate care and supervision without additional staff or program expenditures. B. All funds received under this agreement shall be expended solely for the purpose of fulfilling this contract. If in the event such funds are lost or diverted to other purposes other than those provided herein, those funds must be forthwith returned to the County. C. EVCCA agrees to notify the County if the employee(s) designated for the reserved spaces fails to use the child care space for any period exceeding 10 days. D. When County request that parental fees are to be collected by EVCCA, there will be an accounting provided to the County of parental fees received. County may elect to have collected fees applied against future invoices. E. EVCCA agrees to maintain a safe and appropriate child care facility under the licensing requirements of the State of Colorado, Division of Child Care. The EVCCA license for child care shall be in full force and effect throughout the terms of this agreement. F. EVCCA agrees to establish a parent advisory council to assure parent involvement in the development of responsive early childhood care and development services. 5. NOTICE A. 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 Government Attention: Human Resources Director P.O. Box 850 Eagle, Colorado 81631 EVCCA Attention: Amy Drummet P.O. Box 1700 Vail, CO 81658 B. 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. 6. MODIFICATIONS AND WAIVER County shall not assign any rights or duties under this Agreement to a third party without the written consent of EVCCA. EVCCA has the right to unilaterally determine the acceptability of the third party to the EVCCA. Any effort to effect such an assignment without the written consent of the EVCCA will terminate the Agreement immediately at the option of the EVCCA. 7. INSURANCE At all times during the terms of this Agreement, EVCCA shall maintain the following insurance: Type of Insurance Coverage Limits Worker's Compensation Statutory Employer's Liability, including $500,000 occupational disease Comprehensive General Liability, including $150,000 per person and broad form property damage $600,000 per occurrence 8. MISCELLANEOUS A. The parties of this agreement intend that the relationship of EVCCA to County is that of an independent contractor. No agent, employee or volunteer of the EVCCA shall be deemed to be and agent, employee or volunteer of County. B. This Agreement shall be binding upon and inure to the benefit of the EVCCA and County and the respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. 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 the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. 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, EVCCA 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 its officers, agents, employees or servants and its successors, as a result of the acts or omissions of EVCCA, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of EVCCA's exercise of its privileges or performance of its obligations under this Agreement. F. The EVCCA 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. This Agreement may be executed in separate counterparts and by facsimile signature, by one or more of the parties hereto, each of which for all purposes is deemed an original, and all of which, collectively, constitute one original document. I. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period 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. ยง29-1-101 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 and year first written above. One counterpart each has been delivered to the EVCCA and County. EAGLE VALLEY CHILD CARE ASSOCIATION ~~umme-~ Eagle V Executive BUSINESS PARTNER: COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners BY: Sara J. Fisher, Ch rman