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HomeMy WebLinkAboutC10-344 Nurturing with Nature Brightstart Agreement EAGLE COUNTY GRANT RECIPIENT AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND NURTURING WITH NATURE,INC. BrightStart Quality and Capacity Agreement Grant Recipient: Kari Corbin, DBA Nurturing with Nature, Inc. Grant Amount: $500 Grant Period: November 1, 2010 — December 31, 2010 Whereas, Eagle County works to promote the health, safety, and welfare of Eagle County citizens of all ages; and Whereas, among the services Eagle County provides in order to promote such health, safety, and welfare are grants -in -aid to local organizations whose work assists the County in accomplishment of the goal to create and sustain a safe, healthy, and socially diverse community; and • Whereas, Nurturing with Nature, Inc. (hereinafter referred to as "Grant Recipient ") has agreed to provide services that create and sustain a healthy and socially diverse community in Eagle County; and Whereas, Grant Recipient acknowledges that pursuant to the terms of C.R.S. § 24- 76.5 -101, et seq., Eagle County is prohibited from providing certain public benefits to illegal aliens over the age of eighteen and by signing below Grant Recipient affirms its compliance with the requirements of C.R.S. § 24- 76.5 -101, et.seq. Now, therefore, in consideration of the foregoing premises and the following promises, Eagle County and Grant Recipient enter into this Agreement for payment of the grant award in the amount of Five Hundred Dollars ($500) to Grant Recipient. The grant award shall be in the form of a reimbursement for quality improvement materials and will be payable upon the receipt by Eagle County of the report required under Paragraph A below. A. Grant Recipient agrees that funds awarded by Eagle County may be used and expended solely to achieve a higher level of quality in the child care program during the Grant Period as outlined in Exhibit A — Project Budget. In return for the award of the ($500) grant, Grant Recipient agrees to submit a report no later than December 31, 2010 detailing how the purchases increased the quality of the child care program. B. Grant funds under this agreement are to be expended within the Grant Period. To receive reimbursement, Grant Recipient must provide receipts to Eagle County along with a reimbursement request. • C. If, after payment of the Grant Award, Eagle County reasonably determines that payment was improper because the purposes for which the payment was made were misrepresented, or the terms of this Agreement were breached, then upon written notice of such determination and request for reimbursement from Eagle County, Grant Recipient shall forthwith return such payment to Eagle County. D. In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expenses. E. Grant Recipient shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions and codes; and specifically, 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. F. Grant Recipient shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. County shall terminate this Agreement in the event of any assignment without its prior written consent, in which case, any unused Grant Funds must be returned to County. G. Grant Recipient agrees that no agent, employee or volunteer of Grant Recipient shall be deemed an agent, employee or volunteer of County. H. Grant Recipient shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. Grant Recipient shall be subject to financial audit by federal, state or county auditors or their designees. Grant Recipient authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Grant Recipient for the purpose of evaluating performance under this Grant Agreement. Grant Recipient shall cooperate fully with authorized Health and Human Services representatives in the observation and evaluation of the program and records. Grant Recipient shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 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. J. This Grant 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. K. This Grant 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 Grant Recipient or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions contained herein. L. 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. • 2 • M. Grant recipient agrees to the following: (a) Mandatory Reporting. Grant Recipient shall notify Health and Human Services ( "HHS ") immediately of all reports of suspected child abuse or neglect involving Grant Recipient, including, but not limited to, employees, volunteers and clients. HHS partners are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS Children and Family Services - (970) 328 -8840. N. Grant Recipient 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. By signing below Grant Recipient affirms that it has the authority to enter into and execute this Agreement. //THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK // III • 3 • Funds will not be disbursed to the Grant Recipient without a signed Agreement. Please complete this page and return to the Eagle County Department of Health and Human Services. By: Nurturing with Nature, Inc. Name Sign ture O, Uw lew - II Id‘CP110 Title Date 'Loy (-I3trIf Mailing Address \)011 ( cltoS�S City, State, Zip COUNTY OF EAGLE, STATE OF COLORADO By and through the County Manager ' By. � • K- P. Montag, County Manager • 4 • Exhibit A Project Description and Budget Nurturing with Nature, Inc. Project Description: Funds will be used to install a fence to meet home child care rules and regulations. Budget BrightStart Program /Other Materials Purchased Price Funds Applied Funds Applied Fence $500 $500 • 5