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HomeMy WebLinkAboutC06-327 AGREEMENT BETWEEN EAGLE COUNTY AND EARLY CHILDHOOD PARTNERS This Agreement ("the Agreement"), made this 31 st day of October, 2006, between Eagle County, Colorado ("County") and Early Childhood Partners ("Contractor"), WITNESSETH: Whereas, County, through its Department of Health and Human Services ("HHS"), works to promote the health, safety and welfare of County residents of all ages; and Whereas, among the services the County provides in order to promote such health, safety welfare are services that enhance the quality of early care and development; and Whereas, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, Contractor is a provider of such and wishes to contract with County to such services to County residents in need thereof. Now, therefore, in consideration of the foregoing premises and the following and Contractor enter into this Agreement. Article I: SCOPE Contractor shall provide services to improve the quality of early care and learning programs children under the age of nine and their families in Eagle County, specifically: )Ii. Outreach and engagement of licensed child care providers in the Eagle Valley portion of Eagle County to participate in the Eagle County Early Care and Learning Coaching program. )Ii. Recommendation of criteria for selection of classrooms, and licensed programs to participate in the 2006-2007 school year Eagle County Early Care and Learning Coaching program. >>- Completion of a participation agreement with participating licensed programs which clarifies mutual responsibilities. >>- Socio-emotional screening of up to 70 children enrolled in the School District Head Start program within 45 days of start of program. ( November 6, 2006) >>- Up to 64 direct service hours/classroom of on-site early childhood coaching and quality improvement services in 12 classrooms within licensed child care centers in the Eagle Valley portion of Eagle County during the 2006-07 school year to improve classroom Environmental Rating or Qualistar scores by 25 %. >>- Up to 50 direct service hours/family child care home of on-site early childhood coaching and quality improvement services with three family child care homes in the Eagle Valley portion of Eagle County during the 2006-07 school year to improve Environmental Rating or Qualistar scores by 25 %. >>- Up to 30 direct service hours/licensed child care center for experiential leadership activities with up to two licensed child care centers to improve quality care and increase staff retention by 25%. >>- Reporting regarding quality improvement outcomes of participating programs. >>- Recommendations to the County for any quality improvement grants for participating programs. The selection of participating programs/classrooms for this agreement will be mutually agreed upon by the County and the Contractor. Service Description and Criteria: 1. The Contractor will employ evidence based practices and utilize evaluators and coaches who are qualified to provide early childhood coaching and consultation services. 2. A system for licensed child care programs to apply for participation in early care and learning services under this program wiH be developed by the Contractor in conjunction with the County. 3. Individualized program plans for early childhood coaching and consultation wiH be developed by the Contractor in conjunction with licensed child care programs. These plans will be based on Environmental Rating Scales or Qualistar Ratings completed under the aegis of the RRR Child Care pilot quality improvement program and will be documented in a written plan for service. 4. Service strategies for early childhood coaching and consultation may include: ~ Completion of assessment instruments. >>- Teacher training and coaching in parent involvement methods. >>- Child social-emotional group modeling for teachers. ~ .Teacher training and coaching to improve learning environments and early childhood education methods. >>- Program administration consultation. ~ Coaching of early childhood programs in referral of children and families to community resources. 5. Evaluation of program effectiveness will include: ~ the numbers of children, parents, and teachers participating in services by program. ~ the level of effort provided by the Contractor for each program. >>- a post-service comparison of program plans with services implemented. ~ changes in childhood and family indicators as a result of services implemented. ~ changes in program and staff indicators as a result of services implemented. 2 Article II: TER.l\f This Agreement shall commence on September I, 2006 and shall terminate on June 30, 2007. Article III: COMPENSATION A. The County agrees to compensate the Contractor as follows: > for completion of socio-emotional screening of 70 children: $ 4140; > for licensed child care centers: on-site coaching for up to 64 direct service hours per classroom; > for family child care homes: on-site coaching for up to 50 direct per family child care home; > for experiential leadership activities 30 direct service hours per center; and, > for administrative services: at the rate of 15 percent of the cost of on-site coaching and expericntiallcadership activities. Reimbursement will only be for direct service hours. will not reimburse for indirect service hours which include: >>- preparation and documentation time >>- participation in child protection team meetings or staffings >>- travel time >>- professional development and supervisionlcoordination time. The maximum amount eligiblefor reimbursement under this agreement is $ 49,128. B. If, prior to payment of compensation or reimbursement for but after submission to County of a request therefor 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 after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon 'NTitten notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. Article IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 3 B. The Contractor shall or attempt to through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has heen completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can he found at: C. The Contractor shall not use the Basic PHot Verification Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall he required to: I. NotifY the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2 . Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Suheontractor if during such three the Subcontractor provides information to establish that the Subcontractor has not employed or contracted with an illegal alien. 3. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to authority. 4. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable actual and consequential damages to the County. Article V. TERMINATION County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifYing the date of termination, which date shaH be not less than ten (l0) days from the date of the notice. In the event Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and an rights of Contractor and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately, Article VI. CONTRACTOR'S DUTIES A. All funds received by Contractor under this Agreement shaH be or have been 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. 4 B. Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance if its responsibilities hereunder. Contractor shall he subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes 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. Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. C. In rendering its services hereunder, 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 County. In the event that County finds these standards of customer service are not heing met by Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor. D. Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. The County requires periodic written reports concerning services under this Agreement Contractor shaH provide the County with an assessment and service plan within thirty (30) days of selection of a participating classroom/program. This plan shall include the identified areas for coaching and mentoring, including specific objectives for improvement. Quarterly or trimester reports will include the number of classrooms participating, numher of children enrolled in those classrooms, and interim information on the progress of the service plans. The final report on services provided as specified under Article I: Scope of this Agreement will be due to the County by June 15, 2007. Reimbursement for services relating to the service plan is subject to the timely receipt of written assessment, service plan, and reports. F. 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. G. Contractor shaH assure that the service described herein is provided to the County at a cost not greater than that charged to other persons in the same community. H. Contractor shall safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and Eagle County Health and Human Services, and the Health Information Privacy and Accountability Act. 5 I. Contractor shall notify HHS immediately of aH reports of suspected child abuse or neglect involving Contractor, including, but not limited to, employees, volunteers and clients. HHS contractors are considered to he mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS Youth and Family Services Division _ (970) 328-8840. J. Contractor may submit monthly billings to County. Billings will be paid through the County's usual bill paying process, except that billings for services provided through June 30, 2007 must be submitted by July 2, 2007; and billings for services provided through Decemher 31, 2006 must be submitted by January 6, 2007 to be eligible for reimbursement. L. Contractor shall participate in an annual training provided by County regarding program requirements and eligibility; child abuse and neglect reporting; and, financial and program reporting to County. Article VII. NOTICE Any notice required under this Agreement shaH be given in writing by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY: Eagle County Health & Human P. O. Box 660 (mailing address) CO 81631 Notice shaH be deemed given three States Postal Service. CONTRACTOR: Childhood Partners P.O. Box CO 8 I days after the date of deposit in a regular depository Article VIII. ASSIGNMENT Contractor shaH not assign any its rights or duties under this Agreement to a third party without the prior written consent of County. County shall terminate this Agreement in the event of any assignment without its prior written consent of County. Article IX. MODIFICATION Any revision, amendment or modification of this Agreement shall valid only ifin writing and signed by all parties. Article X. INSURANCE At all times during the term of this Agreement, Contractor shaH maintain in full force and effect the following insurance: Workers' Compensation Employers Liability, including occupational Disease Comprehensive General Liability, including Coverage Limits Statutory $500,000 $150,000 per person and 6 broad form property damage Professional Liability Insurance $600,000 per occurrence or as in the Colorado Governmental Immunity Act, whichever is greater. $ 500,000 per occurrence. Contractor shaH purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. Article XI. MISCELLANEOUS A. The relationship of Contractor to County is that of independent contractor. employee or volunteer of Contractor shaH be deemed to he an agent, employee or volunteer of County . R In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. C. 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. D. Contractor shall indemnity and hold harmless County, its Board of Commissioners, and the individual members thereof, 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, he charged to or be recoverable from 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. E. Contractor shall comply at all times and in all respects with aU applicable federal, state and local laws, resolutions, and codes. F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shaH any payments be made to Contractor in respect of any period after, December 31st of the calendar year of the Term of this Agreement, without an appropriation therefore by 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). 7 G. venue for shall he exclusive in Jurisdiction with this H. This Agreement supersedes communications, negotiations agreements between the respective parties hereto, either verbal or and same not expressly contained herein are hereby withdrawn and annulled. This is an integrated and there are no representations about any of the subject matter hereof except as expressly set in this Agreement. L This Agreement does not, shall not deemed or any third party or parties any right to claim damages or to bring any or other proceeding against either Contractor or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. J. Contractor certifies that it has read the Agreement, understands requirements set forth herein, and agrees to comply with the same. and every term and the In Witness Whereof, County and Contractor have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to Contractor. COUNTY OF EAGLE, STATE OF COLORADO By and through . Clerk to the Board of County Commiss CONTRACTOR: Early Childhood Partners 8