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HomeMy WebLinkAboutC05-261
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
KRISTI GREMS
THIS AGREEMENT made this 6th day of September, 2005, by and between the County of
Eagle, State of Colorado, a body corporate and politic, "County" and Kristi Grems, hereinafter
"Contractor. "
1. AGREEMENT:
This Agreement shall commence on August 18th, 2005 and shall end on June 30, 2006.
2. SCOPE:
The Contractor will provide early childhood program development services, which will include
assessment, consultation and coaching services for staff, and families enrolled in licensed
childcare programs in Eagle County. Specifically, the Contractor will:
1. Conduct an assessment of needs and strengths with each of the participating
programs to identify classroom, staff, and family and child behavioral needs.
n. Develop and assist in implementing program intervention strategies in
conjunction with childcare program staff and parents that will create positive, age-
appropriate learning and mental health environments for preschool age children.
111. Provide referral and service coordination services for families requesting
counseling and treatment services for preschool age children. Payment for
individual counseling and treatment services will be funded through private
insurance, Medicaid or other fee for service arrangements, not this contract.
The County is responsible for the determination of childcare program eligibility for
participation in this program. The County will approve the authorized service plan in writing
for eligible child care programs. Reimbursement under this agreement will be at the hourly rate
of $ 30 for coaching and consultation activities. Attachment A reflects the overall scope for this
program.
3. TERMINATION: The County may terminate this Agreement upon ten (10) 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.
The Contractor may terminate this Agreement upon ten (10) days written notice to County if it is
deemed by the Contractor in its sole discretion the County is not fulfilling the terms ofthis
agreement, or for any other reason. In addition, the County will be responsible to pay for any
properly expended funds according to the terms of this agreement.
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. Ifmisuse of funds is discovered by an auditor, 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 written 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 to the extent allowable by law.
C. Customer Service/Termination: In rendering its services, Contractor shall comply with the
highest standards of customer service to the public, determined at the sole discretion of the
County. In the event that the County finds the Contractor is not meeting these standards of
customer service, the County may terminate this Contract, upon providing notice to the
Contractor as set forth in Section 3.
D. Contractor shall provide the County with written reports on the progress of services under this
agreement as specified under Attachment A. Such reports shall include a written assessment of
needs, services, and outcomes for all participating programs; and data on the numbers of
classrooms, teachers, children, and families served; data on the ages of children, number of
children and families referred for ongoing individual services; profile information on the children
and families in participating programs in regards to their ages, family economic status, primary
language, and ethnicity.
E. 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.
F. Contractor shall safeguard information and confidentiality of the child and the child's family
in accordance with rules ofthe Colorado Department of Human Services, Eagle County Health
and Human Services, and the Health Information Privacy and Accountability Act.
G. The Contractor will notify the Health & Human Services immediately of all reports of
suspected child abuse or neglect involving the Contractor in relation to services provided under
this agreement or in relation to the staff providing services under this agreement. Health &
Human Services contractors are to be considered Amandatory 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.
H. The Contractor shall submit monthly billings to the County within 10 days following the end
of the month. Billings shall identify staff costs by participating program and by program
component. Non-personnel costs may be submitted on an overall program basis. Payroll
statements or receipts shall accompany all billings. Billings will be paid through the County=s
usual bill paying process. Billings that are received more than 45 days after the provision of
service will not be eligible for reimbursement. Billings for services provided through June 30,
2006 and received after July 1, 2006 will not be eligible for reimbursement.
I. Contractors will participate in an annual training provided by the County regarding program
requirements and eligibility; child abuse and neglect reporting; and, financial and program
reporting to the County.
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 Kristi Grems
Post Office Box 660 P.O. Box 5431
Eagle, CO 81631 Vail, CO 81658
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 revision, 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 relating to its employees:
Tvpe of Insurance Coverage Limits
Professional Liability Insurance $ 500,000 per occurrence
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 of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover its attorney fees and costs, staff time and any 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. Both parties 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 December 31,2005 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. '29-1-101 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.
I. 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 ofthe
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 ough its Board of County Commissioners
ATTEST:
,
Kristi Grems
By: ~~
Early Childhood Partners ATTACHMENT A
Work Plan for 2005-06 school year.
Term of agreement: August thru December, 2005
Services for the second semester are contingent upon approval of the HHS 2006 budget.
Scope of services:
Work plan: each participating program will have a proposed written work plan that will
be reviewed and authorized by HHS prior to the provision of services.
A total of two hours is authorized for the development of a work plan with a program.
Programs participating in Qualistar will be assessed by Qualistar and may request
implementation services from HHS/Early Childhood Partners. Programs will receive
coaching in the completion of Environmental Rating Scores in the first year of program
participation and will conduct subsequent ER Scores and share those scores with ECP.
The work plan for early childhood programs will include:
~ dates of service
~ goals/anticipated outcomes for service
~ designated consultants
~ hours of service by type: (not all service components will necessarily
be conducted with each program)
Leadership
0 Administrative Assessment
0 Administrative Coaching
Early Care and Development
0 team building/leadership
0 ECERS (completed by program staff after first year training)
0 completion ofDECNAges & Stages
0 teacher coaching
0 individual child assessment and crisis intervention
Parent Involvement Strategies
0 Parent Night
0 Parent Conferences as indicated by DECNAges & Stages
scores
The work plan for community-wide programs will include:
~ dates of service
~ goals/anticipated outcomes for service
~ designated consultants
~ hours of service by type
0 staff training : number of attendees; number of sessions
0 parent development activities: number of attendees; number of
seSSIOns.
Parent development activities will be funded through TANF/Child welfare
agreements.
Assessment: A written assessment of services provided under Early Childhood Partners
will be submitted at the conclusion of services, or at the end ofthe semester, whichever
comes first. The written assessment will provide information on:
~ Goals and Outcomes for service( s)
~ Participant Information
0 Early childhood professionals
. Level of experience
. Level of early childhood education
. By program
0 Caregiver participants
. Caregiver Income levels
. Residence
. Ethnicity
. Ages and number of children of caregiver participants
. Referrals for individual family services
0 Child participants
. Ages
. Ethnicity
. Referral for child or family services.
~ Recommendations for follow thru activities to be implemented by the
early childhood program.
~ Additional assessment information as may be required by Smart Start
and other funders.
Program Fees: Early Childhood programs will be assessed a fee ranging from 10-50%
of the cost of Early Childhood Partners consultation. Negotiation of fees for services will
be conducted by HHS based on the recommended work plan.
Partnership programs for first semester 2005-06:
~ Eagle County School District - Early Childhood Programs (5)
~ Vail Child Care
~ Smart Start - Licensed Family Child Care Homes and Child Care
Centers (TBD)
>> Prater Lane Playschool
>> Family Learning Center - Qualistar follow-up only
~ Children's Garden - team building only
Partnership programs identified for second semester 2005-06:
>> Eagle County School District - Early Childhood Programs (5)
>> Miller Ranch Child Care
~ Smart Start - Licensed Family Child Care Homes an RIBUTION
Centers (TBD)
>> Others to be determined
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