HomeMy WebLinkAboutC05-192 Family Learning Center
I
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
Foundation of Trustees for the Family Learning Center
THIS AGREEMENT made this 14th day of June, 2005, by and between the County of Eagle,
State of Colorado, a body corporate and politic, "County" and, the Foundation of Trustees for the
Fan1ily Learning Center, hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on July 1, 2005 and shall end on June 30, 2006.
2. SCOPE: The Contractor will operate a child care center with the capacity to serve 140
children between the ages of 6 weeks and 6 years in Eagle County, Colorado. Eagle County
agrees to reimburse the Contractor for the implementation of a quality child care ratio in three
preschool classrooms of one staff person per nine children. Items allowable and not allowable for
reimbursement are detailed in Attachment A. The proposed utilization of funds for the
Foundation of Trustees for the Family Learning Center is detailed in Attachment B. The
maximum amount of reimbursement under this agreement is $ 28,500. Monthly payments in
the amount of$ 2375 will be made in accordance with the requirements of paragraphs "F" and
"I" of Section 4 of this agreement.
3. TERMINATION: The County may terminate this Agreement upon ten (l0) days written
notice to Contractor if it is deemed by the County in its sole discretion, that the Contractor is not
fulfilling the program as specified in this Agreement, or for any other reason. Upon such
termination any unexpended funds shall be returned to the County. In addition, any funds not
properly expended according to project objectives shall be returned by Contractor to County. In
the event the Contractor becomes insolvent, is declared bankrupt, or dissolves, the County may
declare in writing that this Agreement is terminated, and all rights of the Contractor and
obligations of the County shall terminate and cease immediately.
4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements:
A. All funds received by Contractor under this Agreement shall be expended solely for the
purpose for which granted, and any funds not so expended, including funds lost or diverted for
other purposes, shall be returned to County.
B. Contractor shall maintain adequate financial and programmatic records 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 an auditor discovers misuse of funds, the Contractor shall return said
misused funds to the County. The Contractor hereby authorizes the County to perform audits or
to make inspections during normal business hours upon 48 hours notice to Contractor, for the
purpose of evaluating performance under this Agreement. The Contractor will allow access to
and cooperate with authorized Health & Human Services representatives in the observation and
evaluation of the program and records. The Contractor shall have the right to dispute any claims
of misuse of funds and seek an amicable resolution with the County.
C. The Contractor agrees to enter into and maintain a child care fiscal agreement with Eagle
County and to accept children under the Colorado Child Care Assistance Program (CCAP) who
are appropriate for the Contactor's program. The Contractor is not required to give priority to
CCAP eligible children.
D. Customer Service/Termination: In rendering its services, Contractor shall comply with the
highest standards of customer service to the public. Contractor shall provide appropriate
supervision of its employees to ensure the maintenance of these high standards of customer
service and professionalism, the performance of such obligation to be determined at the sole
discretion of the County. In the event that the County finds these standards of customer service
are not being met by the Contractor, the County may terminate this Contract, in whole or in part,
upon providing ten (10) days notice to the Contractor.
E. The Contractor shall comply with all applicable rules and laws governing the licensing of
child care programs by the Colorado Division of Child Care. The Contractor shall be solely
responsible for ensuring proper licensing and credentialing ofthose providing services under this
Agreement. If the program fails to be licensed between July 1, 2005 and June 30, 2006, all funds
provided under this agreement shall be reimbursed by the Contractor to the County.
F. Contractor shall provide the County with monthly reports verifying staffing pattern, staff
qualifications and salaries, child staff ratios in the three preschool classes supported through this
agreement, and trainings completed under this Agreement. Such report will include the
enrollment of children in the preschool classrooms of the Family Learning Center, and copies of
program evaluations completed by the Division of Child Care, Colorado Department of Human
Services, and the Early Childhood Partners program.
G. Contractor shall 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.
H. The Contractor will notify Eagle County Health & Human Services immediately of all reports
of suspected child abuse or neglect involving the Contractor, including, but not limited to,
employees, volunteers and clients. Health & Human Services contractors are considered to be
"mandatory reporters" for suspected child abuse and neglect and are to make those reports
directly to Eagle County Health & Human Services - Adult and Family Services Division -
(970) 328-8840.
1. The Contractor shall submit monthly billings to the County. Billings will be paid through the
County's usual bill paying process. Billings must be submitted by the fifth working day ofthe
subsequent month in order to be eligible for reimbursement, except that billings for services
provided through June 30, 2006 must be submitted by July 3, 2005 in order to be eligible for
reimbursement. All requests for reimbursement must be documented with receipts or payroll
records. The Contractor may request advances on expenses. All advances on expenses must be
reconciled with receipts to Eagle County HHS at the close of the month.
5. NOTICE:
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
THE COUNTY: THE CONTRACTOR:
Eagle County Health & Human Services Foundation of Trustees of the Family
Learning Center
Post Office Box 660 31626 Highway 6
Eagle, CO 81631 Edwards, CO 81632
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States
Postal Service.
6. ASSIGNMENT:
The Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. Any assignment without the prior written consent of
County shall cause this Agreement to terminate.
7. MODIFICATION:
Any reyision, amendment or modification to this Agreement, shall only be valid if in writing and
signed by all parties.
8. INSURANCE:
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type of Insurance Coverage Limits
Workers' Compensation Statutory
Employers Liability, including occupational
Disease $500,000
Comprehensive General Liability, including
broad form property damage $150,000 per person and
$600,000 per occurrence or as specified
in the Colorado Governmental
Immunity Act, whichever is greater
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to Eagle County upon execution of the Agreement.
9. MISCELLANEOUS:
A. The parties to this Agreement intend that the relationship of the Contractor to the County is
that of 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 ofthe Contractor and the
County and their respective heirs, legal representatives, executors, administrators, successors and
assigns. Neither party may assign or delegate any of its rights or obligations hereunder without
first obtaining the written consent of the other party.
C. In the event oflitigation in connection with this Agreement, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff
time and other claim related expense.
D. The 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.
E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and
the individual members thereof, its agencies, departments, officers, agents, employees, servants
and its successors from any and all demands, losses, liabilities, claims or judgments, together
with all costs and expenses, including but not limited to attorney fees, incident thereto which may
accrue against, be charged to or be recoverable from the County, its Board of Commissioners,
and the individual members thereof, its agencies, departments, officers, agents, employees,
servants and its successors, as a result of the acts or omissions of Contractor, its employees or
agents, in or in part pursuant to this Agreement or arising directly or indirectly out of
Contractor's exercise of its privileges or performance of its obligations under this Agreement.
F. The Contractor shall comply with all applicable laws, resolutions, and codes.
G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have
no obligations under this Agreement, nor shall any payments be made to Contractor in respect of
any period after June 30th and December 31 st of each calendar year during the term of this
Agreement, without the appropriation therefore by the County in accordance with a budget
adopted by the Board of County Commissioners in compliance with the provisions of Article 25,
Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 129-1-101
et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
H. 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.
1. This 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. This is an integrated agreement and there
are no representations about any of the subject matter hereof except as expressly set forth in this
Agreement. No alterations, amendments, changes, or modifications to this Agreement shall be
valid unless executed by an instrument in writing signed by both parties.
J. This 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 Contractor or the County because of any breach hereof or because of any of the
terms, covenants, agreements and conditions herein.
K. Contractor hereby 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set
forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have
been delivered to County and one to the Contractor.
COUNTY OF EAGLE, STATE OF COLORADO
By dt gh its Board of County Commissioners
CONTRACTOR: Foundation of Trustees for
the Family Learning Center
By:
Title: ~
ATTACHMENT A
ALLOW ABLE ACTIVITIES UNDER
THE CHILD CARE AND DEVELOPMENT FUND
Funds may be spent for the following:
. Activities designed to provide comprehensive consumer education to parents and the public;
. Activities that increase parental choice;
. Activities designed to improve the quality and availability of child care; this may include the
purchase of equipment and/or supplies purchased as a part of a plan or project specifically
designed to increase the quality of child care.
. Operating directly, or providing financial assistance, for the development, establishment,
expansion, operation, and coordination of resource and referral programs specifically related
to child care;
. Making grants or providing loans to child care providers to assist such providers in meeting
applicable State, local, and tribal child care standards, including applicable health and safety
requirements;
. Providing training and technical assistance in areas appropriate to the provision of child care
services, e.g.; training in health and safety, nutrition, first aid, the recognition of
communicable diseases, child abuse detection and prevention, and care of children with
special needs;
. Improving salaries and other compensation (such as fringe benefits) for full-and part-time
staff who provide child care; and
. Minor remodeling to upgrade child care facilities to assure that providers meet State and local
child care standards, including applicable health and safety requirements. This may include
sectarian organizations.
. Any other activities that are consistent with the intent of this section.
ACTIVITIES THAT ARE NOT ALLOWED UNDER THE CHILD CARE AND
DEVELOPMENT FUND
Funds may not be spent for the following:
. The purchase or improvement of land,
. The purchase, construction, or permanent improvement of any building or facility.
. Sectarian purposes or activities with the exception of minor remodeling to upgrade child care
facilities as described above.
. Tuition. Funds may not be expended for students enrolled in grades 1 through 12 for:
- Any service provided to such students during the regular school day;
- Any service for which such students receive academic credit toward graduation;
- Any instructional services that supplant or duplicate the academic program of any public
or private school.
. Used as the non-Federal share for other Federal grant programs.
Founcl,rtion ofTtustees for the Family Leaming Centet
31626 Highway 6, Eqwatqs Coloraqo 81632 tel. 970.926.4504 FAX 970.926.4505
ATTACHMENT B
Honoratr
Chairpersons
Presi4em & Mrs. Eagle County Health&. Human Services
Getalq R. Fotcf Child Care Quality Improvement Funding
~
~ Name of Organization: The Foundation of Trustees for the Family Learning Center
hmes L. Hesburgh, dba Family Learning Center
Chairman Name of Owner: 501(c)(3) corporation Contact Person: Cherie Paller
Vincern N. Cook, Mailing/Physical Address: 31626 Highway 6, Edwards, CO 81632
Vice-Chilit/Developmern Telephone #: 926.4504 FAX #: 926.4505 e-mail: paller@vail.net
Tax ID #:84-1519047
Chris Eqw<lrqs,
Vice Ch<lit Colorado Child Care License #: 41757 Expiration Date: 02/06
B<lrbara Treat lit Licensed Capacity: 16 Infant; 54 Toddler; 70 Preschool (total 140)
S;mqy Treat, Sr.,
Vice-Chqil'5/Speciql Events
Please see attachments for recommendations of the Early Childhood Partners
Dawn Frieclmqn, program.
Sectd-.!ly
Jim DOllrqS, Virtually all research regarding quality early childhood education supports low
TteqSllter child:staff ratios - typically no more than 8: 1 for the preschool age group. After fIVe
years of operating the Family Learning Center, and recently experiencing the loss of a
few key preschool teachers, significantly due to large class size, we feel it is
Jeti Cqmplsl necessary to lower our maximum ratio from 10:1 to 9:1. This plan would allow us to
continue our mission to serve a large number of our community's children, in balance
$US,ln Frqmpton with economic considerations.
Mqtthq Head We are requesting a SO/50 County match to fund the deficit that would be
Bruce H l<lvacek created by lowering the ratio in our three preschool/pre-K classrooms. While this
number is still higher (7.5:1) than Colorado Quality Standards, it would reduce our
Briql) Hutchinson maximum class size from 20 to 18 students (with 1 teacher &. 1 teacher's aid).
Ellen Moritz The cost of lowering daily maximum enrollment by two students in each of
our three preschool/pre-K classrooms would be a maximum annual cost of $57,000.
Dqve Temin ThiS number is baSed 00 "lost revenue" using our $38 per day preschool/pre-K tuition
Tsu Wolin-Brown charge, multiplied by the 250 days we are open, multiplied by six (the number of
daily slots we'd like to eliminate).
Our request is for $28,500.
Adm inishati\rc
5!Aff The children and families of the Family Learning Center sincerely thank you
Chetyt L. Pallet, for your consideration of this quality improvement request.
E)(ecutive Directot
Colleen
COl'coran-D"viS, request submitted on May 18th, 2005
Program Director
Sanqra A BrolNn,
Center Director
... celeb~til1g five Ye<lI'S of 'lu~lii:y c:hilct C<lte& eady le<lntiflg progr<lmS ror all f.1milies
~,
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Feedback from Ear/~ Childhood Partners
Moe Mulrooney-
. Master's Degree in Early Childhood Education
. Director of Learning Tree for 25 years
(2001-2003)
Following many hours of observation in our preschool classrooms, Moe
offered us many helpful suggestions on how to improve our program. The
one thing she reiterated over and over was the need for smaller
student: teacher ratios in order to accomplish our goals.
(2004)
Qualified Consultants- all of whom have Masters tJegrees in Early
Childhood Education and Psychology
"Lower ratio in classroom will help teachers to be able to interact and
develop trusting relationships with each child in their classroom."
"Greet every child, say goodbye to each child."
"One of the challenges that most teachers face in Early Childhood
classrooms are ratios."
"One important factor in the development of attachment is allowing them to
seek support from caregivers when needed..
"Give each child the opportunity to build a trusting relationship with a caring
adult"
"It is also suggested that small groups be utilized as much as possible,
especially with the children with behavioral concerns."
"Colorado Quality Standards for Early Childhood Care and Education
Services" states that there should be a maximum of 15 children per
classroom. "
"Research strongly suggests that smaller group sizes and larger ratios
of staff to children are related to such positive outcomes for children as
increased interaction among staff and children, and less aggression
and more cooperation among children." (Colorado Quality Standards
for Early Childhood Care and Education Services)
Statistics from various literature around Early Childhood
Colorado School Readiness Indicators:
. Without the right stimulation and caring attention, children fall behind and often
never catch up.
. High-quality childcare bas lasting impacts on a child's well-being and school
readiness.
. High-quality child care programs go beyond the minimum licensure requirements and
provide lower child-teacher ratios
Beginning literacy with literature: YounQ Children learning at Home
and at Sch09/
Characteristics of classrooms that seemed to pose challenges to teachers include the
presence of large numbers of children learning English as a second language and less
favorable teacher-child ratios.
Earlv Cl)i/dhood Education Tot;iav
. Smaller group sizes and lower staff-child ratios are optimal.
. Acceptable staJJ.child ratios: State regulations for staff-child ratios may, however, are
too high to enable professionals to do their best.
Develoomentallv ADOrooriate Proarams in Earlr Childhood Education
To date, the evidence suggests that how children are grouped. in a program, the number of
classmates they have, and the ratio of adults to children in each setting affect the quality
of outcomes children are able to achieve.
r~!"'r~?#~nr ''l';1:'', 'i"'~"1~rif'/! Forr:':rfrly (.:f,if"'",,!~ C~r~ ~"1 !f:rlrfC':1Jfj""",!
. For children ages 2 ~ -4, the stafl7child ratio is l:6
. For children ages 4-6, there is a maximum of 15 children in a classroom with a ratio
of one teacher and one other adult person.
, .(
National rnsti~ for Earlv Education Research
2004 The state of Preschool
Maximum Class Size
3-year-olds 15
4-year-olds 15
Staff-child ratio
3-year-olds 1:8
4-year-olds 1:8
Feedback from Teachin9 Staff
P~nt:
"Sometimes even 2 children less make a difference in the classroom's
dynamics. I am a strong believer in smaller more manageable classrooms
to enhance learningn (worked with FLC for 4-i years- holds a Master's
degree in Psychology)
"Because they will have more quality time and dedication from us, even
the parents will have more quality time to talk to teachers about their
children." (Worked with FLC for 3 i years)
"I fhinkthaf if the dass size is smoUer, fhedaywiUruria Hffle bif
smoother. The long days are hard when we are completely full. The days
seem to be better when numbers are low...it makes the teacher's day
':.' '.,"T'\. ' '. ~__ l~._ :...~ ,.,".,.' _" _ __,I _", t, ..1") t, __ _ ,~.l
u.:;i,..;;.'. ll,.<;;:W '-~"':Il<;;;'-~ 1':'"( \.if..;;,'..J 2: (tIO(j,",lJ ..J{jy ~1I\,;,'^~U <oJ 2" -Y';;Uj'''; i,vll",.
Children's ski school)
