No preview available
HomeMy WebLinkAboutC99-091 Rumpelstiltskin SchoolAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND Rumpelstiltskin School THIS AGREEMENT, made and entered into this k! day of K RL4, 1999 by and between the Board of County Commissioners of the County of Eagle, Stat6 of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Rumpelstiltskin School, a type "S" corporation under the laws of the State of Colorado, (hereinafter referred as the "Contractor"). WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE A. The County has awarded the Contractor grant funds to assist in child care quality improvement for low income and working parents in an amount not to exceed $ 8,577. These funds shall be used for the following and shall be verified by the Contractor by receipt and/or statement. Equipment: $8,577 for outdoor playground equipment. Child Care by the Contractor is provided for 45 children, ages 2 to 6 years. Any funds advanced and not spent for child care capacity enhancement by the end of the grant period shall be returned to the County. B. The Contractor agrees to receive referrals of families under the Child Care Assistance Program and to provide child care to those families received in accordance with the fiscal agreement with the Eagle County Department of Health and Human Services (ECDHHS) for the Child Care Assistance Program during the time they remain licensed for child care under the State of Colorado. 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence April 15, 1999, and end September 30, 1999. However, the County may terminate the contract between the County and the Contractor (therefore terminating this Agreement) on 10 days' notice if it is deemed by the County that the Contractor is not fulfilling the program as specified in this agreement, or for other sufficient reasons. Any unexpended funds may be required to be returned to the County as well as any funds not properly expended according to project objectives. B. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall thereupon terminate and cease immediately. Agreement Between EAGLE COUNTY and Rumpelstiltskin School - PAGE 2 C. The parties agree that the Contractor's relationship to the county is that of an independent contractor. D. The parties agree that payment pursuant to this Contract is subject to and contingent upon the continuing availability of fund for the purpose thereof. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of 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). 3. CONTRACTOR'S DUTIES :The Contractor shall comply with the following requirements: A. All funds received under this Agreement shall be expended solely for the purpose of which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B. The Contractor shall maintain adequate records of matching expenditures for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. C. The Contractor authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Contractor, with 48 hours written notice, for the purpose of evaluating performance under this Agreement. D. Contractor agrees: 1. to obtain and hold the necessary license(s) which permits the performance of child care services, and/or to meet applicable State Department of Human Services qualification requirements. 2. to start funded activities within 30 days of receipt of a grant. 3. to 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. 4. to submit a cost statement and/or receipts in a timely manner, no later than 45 days after completion of activities related to this grant. Failure to do so may result in a request for return of the advance payment. `0 Agreement between EAGLE COUNTY and Rumpelstiltskin School - PAGE 3 4. COUNTY'S DUTIES : The County through its Department of Health and Human Services agrees: a. to provide information regarding the Child Care Capacity program and the Child Care Assistance program to all applicants for funding. b. to provide Contractor with referral information on families in need of child care assistance. c. to monitor the progress on expanding capacity for child care. d. to provide the Contractor with advance payments and to reconcile payments with actual expenses after receipt of billing statements for services rendered satisfactorily and in accordance with this Contract. 5. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County Health & Human Services P. O. Box 660 Eagle, CO 81631 THE CONTRACTOR: Rumpelstiltskin School P.O. Box 5760 Avon, CO 81620 6. MODIFICATIONS AND WAIVER The Contractor shall not assign any rights or duties under this Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. 7. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the 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 of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns: provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C. In the event that a dispute should arise relating to the performance of the services to be Agreement between provided under the Agreement, and should that dispute result in litigation, it is agreed that 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. EAGLE COUNTY and Rumpelstiltskin School - PAGE 4 D. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. Contractor shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees, or servants, and its successors, from any and all demands, losses, liabilities, claims or judgements, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the acts or omissions of Contractor, its employees or agents, in connection with Contractor's activities which are funded in whole or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its obligations under this Agreement. F. The contractor shall comply with all applicable laws, resolutions, acid 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. The County's financial obligations under this Agreement are contingent upon its receiving sufficient revenues within its budget. IN WITNESS THEREOF, the parties hereto have executed this Agreement on 1999. The parties hereto have signed this Agreement in quadruplicate. One coun a art each has been delivered to the County and the Contractor. County of Eagle, State of Colorado, Board of County Commissioners Phillip EALLF s, Charrm o ette an OP A� CONTRACTOR: Rumpelstiltskin School Rumpelstiltskin School P.O. Box 5760, Avon, Colorado 970-949-4590 March 31, 1999 Kathleen Forinash P.O. Box 660 Eagle, CO 81631 Dear Ms. Forinash: We are requesting a grant under the Child Care Quality Improvement Provision of the 1999 Grant Application. We would like to demolish our present playground, and to rebuild it with equipment that is modern, appropriate to our age -levels, and almost maintenance free. We have been a licensed day care provider for 21 years. During that time we have always provided affordable programs for the working families of Eagle County. We have continuously offered one of the lowest tuition rates in the county, and have always participated in the Child Care Asssistance Program for Low-income Families. At the present time we really need to replace our outdoor play equipment. Our wooden structures were built 16 years ago and are really showing their age. They also demand a great deal of maintenance. Replacement of all of this equipment is beyond the means of the school at this time. I have included a proposal from Recreation Plus, LTD, for a play structure and teeter -totter. The rest of the equipment can be special -ordered from the Avon Wal-Mart. I have also included the demolition proposal, and photos of all of the requested equipment. I respectfully request that we be awarded this grant because it will greatly improve the quality of our program and mean so much to our children. Sincerely, Kathleen Kunis "M1 EAGLE COUNTY Child Care Capacity &Quality Improvement - 1998/99 Grant Application Name of facility 9V L 11" W NV M L Your Name: 1 Address of facility : 00.1D Sr6 NLWj)&C DPWF,. AVOW, &4I00 Phone : -t. 'R 0 FAX: q4q- j j2 1 Mailing address: FQ . & x 644DO , AVOU, gl bj0 Licensed capacity: 45 How long have you been a licensed provider? : o?i YES Ages of children currently in care : check all that apply cw mat lgqq Infants - age 2 number of children this age Age 2 - 6 number of children this age Age 6 - 13 number of children this age Proposed increase in child care capacity - or new program Infants - age 2 before & after school Age 2-6 evening care Age 6-13 weekend care (additional before & after school or evening and weekend care qualifies for grant consideration. How would you use a mini -grant to increase your child care capacity or improve the quality of your program? Please estimate costs. (1) licensing expenses : (2) Equipment - what is needed and cost: ` �, M ���tiw 1a vYou%J 4ipw�esvtt as Jewwl m o o e u1 ! ; td . Totat wgtKt r tm 11 t s 4 .8��haoar stn�0a, C1 ) would be VqQ, 0. se 6d6 a{-t�cc 3 Iterials and supplies- what is needed and cost: Wliw aW iv #Sacs - (} pp P P (4) Training Expenses: Date Submitted: Mail to : Kathleen Forinash P.O. Box 660 - Eagle, CO 81631 Rumpelstiltskin School Playground Proposal Play Builders Play Structure $5,9114.00 Four Seat Teeter (1) $ 587.00 Freight $ 525.00 Installation $1,674.00 Total $7,900.00 (see attached proposal from Recreation Plus, LTD) The following items would be special ordered from the Avon Wal-Mart and would not have any shipping charges: Little Tykes Treehouse (#4659) $ 359.88 Little Tykes Log Cabin (#4869) $ 249.96 Little Tykes Victorian Mansion (#4871) $ 450.00 Little Tykes Adjustable Playground $ 269.98 (#4663) Installation of Little Tykes equipment $ 100.00 Playground Demolition $ 200.00 (see attached proposal from Ron Rummings) Total Less our 10% share Total Grant Requested $9,529.82 952.98 $$576.84 r DISTRIBUTION Originals to: 1. Contract Ilook Qlpies to: 1. Accounting 3.