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HomeMy WebLinkAboutC24-413 Minturn Family Enrichment Center_conditional funding commitment letter Administration www.eaglecounty.us 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 EAGLE COUNTY GOVERNMENT CONDITIONAL FUNDING COMMITMENT LETTER September 25, 2024 RE: Conditional Funding Commitment Letter for Minturn Family Enrichment Center Dear Board of Directors: Eagle County Government (the “County”) has reviewed the request for start-up staffing funding submitted by the Eagle Valley Child Care Association (“EVCCA”) for the Minturn Family Enrichment Center, a new facility to be located at 436 Pine St, Minturn, CO 81645 in Eagle Colorado. The new facility will contain three classrooms and serve both infants and toddlers (the “Project”). On November 8, 2022, the voters of Eagle County approved Eagle County Ballot Issue 1A which provides for the levy of a two percent (2%) lodging excise tax, the proceeds of which will be held by the County in a separate fund and will be spent for the purposes outlined in C.R.S. § 30-11-107.5(1.5)(a), including workforce childcare (the " Lodging Tax Fund"). By by Eagle County Resolution No. 23-041, the Eagle County Board of Commissioners (the “Board”) approved program criteria to guide expenditures from the Lodging Tax Fund in support of workforce childcare. Following review of EVCCA’s request for funding, and based on the program criteria established by R23-041 and discussion with the Early Childhood Local Coordinating Organization Executive Team, County staff recommended a pre-opening required staffing contribution of $150,000. At a regularly scheduled public meeting held on August 19, 2024, the Board reviewed the request and heard a presentation from EVCCA representatives. Subject to the terms and conditions set forth below, the Board approves staff to allocate funds from the Lodging Tax Fund consistent with the County’s previously appropriated budget to fund this Project in an amount not to exceed $150,000 (the “Funding Commitment”). The terms and conditions of the Funding Commitment are as follows: 1. This Commitment Agreement shall terminate 12 months from the date of the approval of the Funding Commitment, or on August 31, 2025 (the “Funding Period”). All funds must be expended during the Funding Period. EVCCA shall commence and diligently pursue opening of the Project during the Funding Period. In the event EVCCA is unable to adequately staff and open during the Funding Period, this agreement shall terminate and no further funds shall be disbursed for the Project. Any funds not used or expended during the Funding Period must be returned to the County. If, after payment of the Funding Commitment, the County reasonably determines that payment was improper because the purposes for which the payment was made were misrepresented, then upon written notice of such determination and Docusign Envelope ID: F692FFCA-5F1C-4F2F-88C8-3A438D62E79F request for reimbursement from the County, EVCCA shall forthwith return such payment to the County. 2. The Funding Commitment is subject to annual appropriations and inclusion into a future budget of Eagle County Government. 3. The County shall not disburse the Funding Commitment until EVCCA demonstrates to the satisfaction of the County that it has secured additional funding commitments from other sources sufficient to fully fund construction of the Project. Additionally, EVCCA will provide documentation of staff being hired, including offer details. EVCCA agrees that upon request of the County, it shall provide the County or its representatives with access to its books and records and proformas for the Project and shall further provide copies of any commitment letters or funding agreements from other sources for the funding of the Project. 4. EVCCA agrees that the Funding Commitment may be used and expended solely for appropriate pre-staffing required for the Project, as specified herein. The Funding Commitment set forth herein is for the specific Funding Period and the County makes no representations, nor should the recipient rely on this award as a representation of any future awards for other funding periods. 5. EVCCA agrees to submit to the County a report detailing how the Funding Commitment was expended for the Project. The report will be due no later than the Project’s opening date. 6. EVCCA shall indemnify and hold harmless the County, and any of its respective officers, agents and employees against any losses, claims, damages or liabilities for which the County may become subject to to the extent that such losses, claims, damages or liabilities arise out of, directly or indirectly, this Conditional Funding Commitment Letter and/or the Funding Commitment, or are based upon any performance or nonperformance by EVCCA or any of its sub-recipients hereunder; and EVCCA shall reimburse the County for reasonable attorney fees and costs, legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claims without regard to the involvement of EVCCA. 7. EVCCA shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to the County on performance of its responsibilities under this agreement. EVCCA shall be subject to financial audit by federal, state or county auditors or their designees. EVCCA authorizes the County to perform audits or to make inspections during normal business hours, upon 48 hour notice to EVCCA for the purpose of evaluating performance under the Funding Commitment. EVCCA shall cooperate fully with authorized County representatives in the observation and evaluation of the Project and records. Docusign Envelope ID: F692FFCA-5F1C-4F2F-88C8-3A438D62E79F