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HomeMy WebLinkAboutC25-016 Connect Chruch dba Connect Care - grant agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND
CONNECT CHURCH DBA CONNECT CARE
THIS GRANT AGREEMENT (“Agreement”) is effective as of January 1, 2025 by and between Connect
Church, dba Connect Care, a Colorado Nonprofit corporation (hereinafter “Grant Recipient”) and Eagle
County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, the County works to support the health, safety, and welfare of the people of Eagle County through its
Department of Human Services (“DHS”); and
WHEREAS, the County uses outside providers and professionals to enhance the ability of the County to promote
such health, safety and welfare; and
WHEREAS, the County has identified a significant community need for high quality, affordable, and accessible
early childhood care and education programs and services in Eagle County, which it has recognized as a priority in
the County’s Strategic Plan and its Early Childhood System Roadmap; and
WHEREAS, this Agreement is entered in reference to Eagle County Ballot Issue 1A – Lodging Tax to Support
Local Workforce, approved by voters on November 8, 2022, which provides for a 2% lodging tax to provide funding
for programs that support the County’s workforce, including additional childcare programs (the “Lodging Tax”); and
WHEREAS, supported by Lodging Tax revenue, DHS has several initiatives designed to improve and expand early
childhood education by supporting efforts including, but not limited to, programs to recruit and retain educators and
expand the workforce, improve affordability, and support health and safety enhancements; and
WHEREAS, Grant Recipient provides licensed child care and will continue to provide such child care to serve the
residents of Eagle County and has applied for one or more DHS initiatives and County has determined Grant
Recipient meets the eligibility qualifications and requirements for said initiative(s); and
WHEREAS, the parties acknowledge and agree that the programs and services funded in part by the Lodging Tax,
including the Services detailed in Exhibit A , promote the health, safety and welfare of the people of Eagle County
and are intended to serve a valid public purpose and provide or support services that could otherwise be performed
by County directly; and
WHEREAS, Grant Recipient has elected to perform the Services to serve residents in Eagle County and County has,
therefore, elected to compensate Grant Recipient in a manner that assists with the provision of the Services for the
public to fulfill an important public purpose; and
WHEREAS, compensation paid by County to Grant Recipient enables Grant Recipient to continue to perform the
Services for the public and County shall have no responsibility for the performance of the Services; and
WHEREAS, Grant Recipient is authorized to do business in the State of Colorado and has the time, skill, expertise,
and experience necessary to provide the Services as defined in Paragraph 1 hereof; and
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WHEREAS, this Agreement shall govern the relationship between Grant Recipient and County in connection with
the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises, County and Grant Recipient
enter into this Agreement for payment of the grant award in the amount of $188,926.40 (the “Grant Award”) to
Grant Recipient.
1. Services or Work . Grant Recipient agrees that the funds awarded by County may be used and expended
solely for early childhood care and education, specifically the services or work described in Exhibit A (“Services” or
“Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in
accordance with the provisions and conditions of this Agreement.
a. In return for the Grant Award, Grant Recipient agrees to furnish the Services and reports or other
information required by County in accordance with the schedule established in Exhibit A . If no schedule is
specified in Exhibit A , then Grant Recipient agrees to furnish the Services to the public in a timely and expeditious
manner consistent with the applicable standard of care. By signing below Grant Recipient represents that it has the
expertise and personnel necessary to properly and timely perform the Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
2. County’s Representative . The Human Services Department’s designee shall be Contractor ’s contact with
respect to this Agreement.
3. Term of the Agreement . This Agreement shall commence upon the date first written above, and subject to,
the provisions of paragraph 11 hereof, shall continue in full force and effect through December 31, 2025 (the “Grant
Period”). Funds awarded under this Grant Agreement are to be used and expended within the Grant Period. Any
funds not used or expended during the Grant Period must be returned to Grantor. County makes no representations
concerning the possibility of future agreements with Grant Recipient and Grant Recipient should not rely on this
Agreement or any compensation or reimbursement hereunder being extended or renewed in the future.
4. Modifications . Any amendments or modifications shall be in writing signed by both parties.
5. Compensation . In performing the Services, the County will compensate Grant Recipient in an amount not
to exceed $188,926.40 and as set forth in Exhibit A . Notwithstanding the foregoing, in the event County determines
that Grant Recipient is eligible for funding through any of the additional DHS initiatives identified in Exhibit A ,
Grant Recipient and County may execute the proposed amendment attached hereto as Exhibit B .
a. If, prior to payment of compensation or reimbursement for Services but after submission to
County of a request therefore by Contractor, County reasonably determines that payment as requested would be
improper because the Services were not performed as prescribed by the provisions of this Agreement, the County
shall have no obligation to make such payment. If, at any time during the term or after termination or expiration of
this Agreement, County reasonably determines that any payment made by County to Grant Recipient was improper
because the Services for which payment was made were not performed as set forth in this Agreement or purposes for
which payment was made were misrepresented, then upon written notice of such determination and request for
reimbursement from County, Grant Recipient shall forthwith return such payment(s) to County. Upon termination
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or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to
County.
b. No additional services or work performed by Grant Recipient shall be the basis for additional
compensation.
c. County will not withhold any taxes from monies paid to the Grant Recipient hereunder and Grant
Recipient agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments
made pursuant to the terms of this Agreement.
d. 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 Grant Recipient in respect of any period
after December 31 of any year, without an appropriation therefor 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).
6. Subcontractors . The Grant Recipient shall be responsible for the acts and omissions of its agents,
employees and subcontractors.
7. Insurance . Grant Recipient agrees to provide and maintain at Contractor ’s sole cost and expense insurance
appropriate for the type of Services it provides to the public. Such insurance may include, but not be limited to,
workers compensation insurance as required by law; automobile coverage; commercial general liability or
professional liability coverage. Grant Recipient is not entitled to workers’ compensation benefits except as provided
by Grant Recipient, nor to unemployment insurance benefits unless unemployment compensation coverage is
provided by Grant Recipient or some other entity.
8. Indemnification, Governmental Immunity and No Third-Party Beneficiaries .
a. The Grant Recipient shall indemnify and hold harmless County, and any of its officers, agents and
employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any
such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any
performance or nonperformance by Grant Recipient or any of its subcontractors hereunder; and Grant Recipient
shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by 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 County is liable to such third party for
such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or
termination hereof.
b. The parties hereto understand and agree that the County is relying on, and does not waive or
intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections
provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to
County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers.
c. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the
parties and not to any third party. This Agreement does not and shall not be deemed or construed to confer upon or
grant to any third party any right to claim damages or to bring any suit, action or other proceeding in connection
with the Agreement. The parties acknowledge that the Services could otherwise be performed by the County but
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County has instead determined to provide financial support through compensation as set forth in paragraph 5. Such
compensation by County enables Grant Recipient to perform the Services for the public and County shall have no
responsibility therefor. Because Grant Recipient is delivering the Services to the public and not Eagle County, the
public shall have no rights under this Agreement and may not make any claim against County in connection with
this Agreement.
9. Intentionally Omitted.
10. Notice . Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this
paragraph by giving five (5) days prior written notice of such change to the other party.
COUNTY:
Eagle County Colorado
Department of Human Services
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-401-0722
E-Mail: sam.markovitz@eaglecounty.us
CONTRACTOR:
Name: Rachel Gonzalez
Connect Church
Address: PO Box 4044, Gypsum, CO 81637
Telephone: (970) 393-6479
E-Mail: admin@connectchurchcolorado.com
11. Termination . County may terminate this Agreement, in whole or in part, at any time and for any reason,
with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the
Contractor. County shall pay Grant Recipient only for Services satisfactorily performed to the date of termination.
12. Venue, Jurisdiction and Applicable Law . Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
13. Execution by Counterparts; Electronic Signatures . This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or
facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
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14. Other Contract Requirements and Grant Recipient Representations .
a. Grant Recipient shall be responsible for the completeness and accuracy of the Services and shall
correct, at its sole expense, all significant errors and omissions in performance of the Services. Grant Recipient shall
perform the Services in a skillful, professional and competent manner and in accordance with the standard of care,
skill and diligence applicable to contractors performing similar services. Contactor shall comply with the highest
standards of customer service to the public. Grant Recipient shall provide appropriate supervision to its employees
to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of
this Agreement.
b. Grant Recipient agrees to work in an expeditious manner, within the sound exercise of its
judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to
this Agreement.
c. Nothing contained in this Agreement shall be deemed to create a relationship of
employer-employee, master-servant, partnership, joint venture or any other relationship between County and Grant
Recipient except that of independent contractor. Grant Recipient shall have no authority to bind County.
d. Grant Recipient shall comply with any and all applicable laws, codes, rules and regulations and
that is personnel are duly licensed, if required, to perform the Services in Colorado.
e. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
f. Grant Recipient shall not assign any portion of this Agreement without the prior written consent of
the County. Any attempt to assign this Agreement without such consent shall be void.
g. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
h. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
i. The signatories to this Agreement aver to their knowledge no employee of the County has any
personal or beneficial interest whatsoever in the Services described in this Agreement. The Grant Recipient has no
beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Services and Grant Recipient shall not employ any person having such known interests.
j. 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 of the Rehabilitation Act concerning discrimination on the basis of race, color, gender, sex, sexual orientation,
age, religion, national origin or disability.
k. Grant Recipient shall maintain, for a minimum of three (3) years, adequate financial and
programmatic records for reporting to County on the performance of its responsibilities hereunder. Grant Recipient
shall be subject to financial audit by 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 evaluation its performance under this Agreement. Grant Recipient shall cooperate fully with County.
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l. The recitals set forth above are incorporated herein by reference.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
EAGLE COUNTY, COLORADO
By and through its County Manager
By: ________________________________
Jeff Shroll, County Manager
CONTRACTOR: Connect Church dba Connect Care
By:________________________________
Print Name: _________________________
Title: ______________________________
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Director
Rachel Gonzalez
EXHIBIT A
SCOPE, SCHEDULE AND COMPENSATION
1. SCOPE OF SERVICES
The purpose of this funding is to support Eagle County’s licensed early childhood providers to offer
high-quality child-care services. Funding could include (based on qualifications but is not guaranteed)
infant and toddler subsidies, infant and toddler expansion projects, health care consultant services, childcare
facility costs, and/or health and safety enhancements.
Refer to funding program guidelines for an inclusive list of eligibility criteria, qualification requirements,
funding structures, and grant timelines attached.
2. COMPENSATION
In total, Grant Recipient will be compensated as set forth in the Agreement in an amount not to exceed
$188,926.40.
License number 1772206 (McGregor Drive location) , Colorado Shines Level 2, will be compensated as
outlined below:
*Infant and Toddler Subsidy
In the amount of $33,300 , as determined by application.
*Rental/Mortgage Assistance
In the amount of $50,305.08 , as determined by application.
*Health and Safety Enhancement
In the amount of $10,000 , as determined by application.
License number 1779795 (Green Way location) , Colorado Shines Level 2, will be compensated as
outlined below:
*Infant and Toddler Subsidy
In the amount of $21,600 , as determined by application.
*Rental/Mortgage Assistance
In the amount of $63,721.32 , as determined by application.
*Health and Safety Enhancement
In the amount of $10,000 , as determined by application.
3. ADDITIONAL FUNDING INITIATIVES
a) Throughout the year, and dependent on budget availability, Grant Recipient may be eligible to apply for
the following DHS initiatives:
*Infant and Toddler Expansion
Up to/shall not exceed $50,000 per site. Exact amount depends on the application process
and available funding.
*Health and Safety Enhancement
Up to/shall not exceed $20,000 total per site, inclusive of the amount awarded under this
Agreement. Exact amount depends on the application process and available funding.
All funding for the initiatives identified above is dependent on budget availability. There are no guarantees
that funds will be available for all providers and/or multiple funding programs. The outlined compensation
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above is meant to act as a guideline, not a guarantee. Each funding opportunity requires providers to apply
via application process then go through verification and eligibility review prior to funding approval and
release. The “not to exceed” amount is not indicative of the dollar amount providers will receive this
calendar/contract year.
b) IF Grant Recipient has qualified for additional funding beyond the “not to exceed” amount outlined
above during the fiscal year, County will provide Grant Recipient with the amendment included as Exhibit
B , with finalized amounts to be determined based on timelines and required submitted documentation.
4. REPORTING
Grant Recipient shall be required to submit the following reports to the County:
a) The provider must update its provider sheet monthly during the fiscal year.
b) Expenditure reporting will be required by June 1, 2025, November 1, 2025 and January 31, 2026.
Payments will be released as reporting requirements are met. Additional direction and support will
be provided as reporting deadlines approach.
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EXHIBIT B
AMENDMENT FOR ADDITIONAL FUNDING
FIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
CONNECT CHURCH
THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________ by and between
Connect Church, dba Connect Care, a Colorado Nonprofit corporation (hereinafter “Consultant” or
“Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS , County and Consultant entered into an agreement dated the _____ day of ___________,
20____, for certain Services (C25-#, the “Original Agreement”); and
WHEREAS , the Original Agreement contemplated that the Consultant would perform certain duties with
compensation in an amount not to exceed $188,926.40; and
WHEREAS, as contemplated by Paragraph 5 of the Original Agreement, Grant Recipient is eligible for
additional Department of Human Services initiatives to enhance Contractor ’s ability to provide early
childhood care and education, including:
● Infant and Toddler Expansion
o Not to exceed $[the amount determined by application].
● Health and Safety Enhancement
o Not to exceed $[the amount determined by application].
WHEREAS , County and Consultant desire by this First Amendment to expand the scope of Services and
compensation as set forth in the Original Agreement.
FIRST AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth
below, the parties agree as follows:
1. The Original Agreement shall be amended to include additional Services as described in
Exhibit 1 , which is attached hereto and incorporated herein by reference.
2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $____ or
a total maximum compensation under the Original Agreement and this First Amendment of
$____________.
3. Capitalized terms in this First Amendment will have the same meaning as in the Original
Agreement. To the extent that the terms and provisions of the First Amendment conflict with,
modify or supplement portions of the Original Agreement, the terms and provisions contained
in this First Amendment shall govern and control the rights and obligations of the parties.
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4. Except as expressly altered, modified and changed in this First Amendment, all terms and
provisions of the Original Agreement shall remain in full force and effect, and are hereby
ratified and confirmed in all respects as of the date hereof.
5. This First Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original
Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONTRACTOR
Connect Church
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/17/2024
License # 103856
(303) 808-9351 (303) 595-5268
25011
Connect Church Inc.
PO Box 4182
Gypsum, CO 81637
A 1,000,000
X KPP1068345 00 10/10/2024 10/10/2025 100,000
5,000
1,000,000
3,000,000
3,000,000
PROF LIAB AND A 1,000,000
1,000,000A
X KPP1068392 00 10/10/2024 10/10/2025
B
MWC0221810-01 1/22/2024 1/22/2025 500,000
N 500,000
500,000
Eagle County Human Services its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are
Additional Insureds
under the commercial general liability and automobile liability policies of insurance.
Eagle County Human Services
551 Broadway St.
Eagle, CO 81631
CONNCHU-01 JSHAHAN
DCInsurers (Steve Longenecker)
3705 Kipling St # 106
Wheat Ridge, CO 80033 steve@mountaininsurance.com
AmTrust
First Comp
X
X
X
X
X
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