HomeMy WebLinkAboutC07-104 Early Childhood PartnersAGREEMENT BETWEEN EAGLE COUNTY
AND
EARLY CHILDHOOD PARTNERS
This Agreement ("the Agreement"), made this 10th day of April, 2007, 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
and welfare are parenting services that enhance the development of children and their
families; and stabilize family life and promote family self-sufficiency; 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 services and wishes to contract with County to
provide such services to County residents in need thereof.
Now, therefore, in consideration of the foregoing premises and the following promises,
County and Contractor enter into this Agreement.
I: SCOPE
Contractor shall provide The Incredible Years parenting program to families with children
under the age of nine and their families in Eagle County, specifically:
➢ Two parenting professionals will receive training in The Incredible Years
model.
➢ The professionals who have been trained in The Incredible Years will
implement a pilot 12 week parenting groups with a minimum of 12 parents in
the group.
➢ The Incredible Years model must be faithfully reproduced and will be subject to
independent evaluation of outcomes through Invest in Kids.
➢ Evaluation of the parenting programs and information on the levels of
participation by parents will be provided to the County at the close of each
parenting group.
II: TERM
This Agreement shall commence on January 1, 2007 and shall terminate on June 30, 2007.
III: COMPENSATION
A. The County agrees to compensate the Contractor as follows:
> for training of two professionals in The Incredible Years Model: $ 2,754.
> for Incredible Years parenting materials and supplies: $ 1,657
> for parent meals, child care, and incentives: $ 3,700
> for professional parenting facilitators: $ 7,200
> for Early Childhood Partners support: 15% of staff services up to $1,118.
The maximum amount eligible for reimbursement under this agreement is $16,425.
B. If, prior to payment of compensation or reimbursement for services 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 written 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.
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.
B. The Contractor shall verify or attempt to verify 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
accepted 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 been completed,
whichever is earlier. Information on applying for the Basic Pilot Verification Program can
be found at:
C. The Contractor shall not use the Basic Pilot 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
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Contractor shall be required to:
1. 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 Subcontractor if during
such three days the Subcontractor provides information to establish that the
Subcontractor has not knowingly 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 its 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 for actual and consequential damages to the County.
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 shall be not less
than ten (10) 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 all rights of Contractor and obligations of County, except for payment of
accrued but unpaid fees and expenses, shall terminate immediately.
VL CONTRAC` OTS DUTIES
A. All funds received by Contractor under this Agreement shall 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.
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 be 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
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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 being
met by Contractor, County may terminate this Agreement, in whole or in part, upon ten
(14) 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. In
particular, Contractor shall comply with all applicable rules and laws governing eligibility
for services and allowable costs under the Colorado WORKS/TANF program for those
families authorized for services to stabilize family life and promote family self-sufficiency.
Only children who have a lawful legal presence in the United States are eligible for
services under this agreement unless those children are aedw ckdd welfare eftents of
Eagle County Health & Human Services, Contractor shall be solely responsible for
ensuring proper licensing and credentialing of those providing services under this
Agreement.
E. Contractor shall comply with all federal and state rules, regulations, laws and
requirements concerning restrictions on providing public benefits to persons who are not
lawfully present in the United States. Contractor's work involves the provision of service
or support to applicants for public benefits, and therefore, Contractor must verify the lawful
prese= of all applicants prior to utilizing County funds to provide said service or svpport.
Lawful presence must be verified by 1) requiring production of a Colorado license or ID
card, an ID card issued by the LIS military or coast guard, or a Native American tribal
document; and 2) requiring the applicant to affirm lawful presence by signing the affidavit
attached as Eukibit A. The original verification affidavit must be returned to and
maintained by the County. All copies of the verification affidavit must be certified by the
Contractor has being a true and correct copy of the original document. If the applicant is
under the age of 18, Contractor should request a copy of the applicant's birth certificate, or
should work with the applicant and his/her parents to obtain a copy of the birth certificate.
F. Contractor must complete the form attached as Exhibit B to determine TANF eligibility
for all participants in The Incredible Years parenting classes. The Contractor must comply
with the following requirements regarding all TANF-eligible participants:
Food 5A mo - Contractor must inform all participants that they are categorically eligible to
receive at least some services and referred to HHS for more information on application for
benefits.
Medicaid - Contractor must inform all participants that they may be eligible for Medicaid
and referred to HHS for information on application for benefits.
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Disabilities and other Barriers - All participants must be informed by Contractor that they
can visit HHS offices to receive an assessment and appropriate services
that may better work with their disabilities or other barriers.
A2peg Rights - Contractor must provide all participants with notice of their right to appeal to
HHS. Contractor shall keep a record of all participants served for documentation in case of an
appeal.
G. The County requires written reports concerning services under this Agreement.
Evaluation of the parenting programs and information on the levels of participation by
parents will be provided to the County at the close of each parenting group. The evaluation
will include changes in parenting skills and parenting behavior and changes in parenting
effectiveness as a result of participation in The Incredible Years. The written report will
include information on:
> the numbers of parents enrolled in each of the three parenting groups
> the participation rates of enrolled parents
> the ages of the children of enrolled parents
> changes in parenting skills, behavior, and effectiveness as a result of participation
in The Incredible Years.
H. 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.
1. Contractor shall 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.
J. 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 Hunan Services, and the Health Information Privacy and
Accountability Act.
K. Contractor shall notify HHS immediately of all reports of suspected child abuse or
neglect involving Contractor, including, but not limited to, employees, volunteers and
clients. HHS contractors are considered to be 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.
L. 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, 2447; and billings for services provided through
December 31, 2006 must be submitted by January 6, 2007 to be eligible for reimbursement.
M. 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.
VII, 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:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services Early Childhood Partners
P. O. Box 660 (mailing address) P.O. Box 4532
Eagle, CO 81631 Eagle, CO 81631
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the
United States Postal Service,
VIII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a thud 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.
IX, MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in
writing and signed by all parties.
X. INSURANCE,
At all times during the term of this Agreement, Contractor shall maintain in full force and
effect the following insurance:
144 of Insurance Covgrage Limits
Workers' Compensation sttatutnry
Employers Liability, including occupational
Disease $500,000
Comprehensive General Liability, including $ 150,000 per person and
broad form property damage 5600,000 per occurrence or as
Professional Liability Insurance
specified in the Colorado
Governmental Immunity Act,
whichever is greater.
S 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 County upon execution of this Agreement.
XI. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer
of County.
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B. 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 indemnify and hold harmless 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 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 tunes and in all respects with all 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 shall any payments be made to
Contractor in respect of any period after, December 31 st of the calendar year of the Teem
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).
G. This Agreement shall be governed by the laws of the State of Colorado_ jurisdiction
and venue for any suit, Eight or cause of action arising under, or in connection with this
Agreement shall be exclusive in Eagle County, Colorado.
H. This Agreement mWersedes 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 widxirawn and anmdled, 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.
1. 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 County because of any breach hereof or because of
any of the terms, covenants, ,agreements and conditions herein.
I Contractor 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, 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.
COUNTYGLE, STATE OF COLORADO
By and u i i Board of County Commissioners
of �� ncom, Chairman
ATTEST:
Clerk to the Bodrd of Co s
bLI Mout
CONTRACTOR: Early ChiMhood Partners
By: — 'M �Q. w
Exhibit A
I, , swear or affirm under the penalty of perjury under the
laws of the State of Colorado that (check one):
I am a United States Citizen
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge that
making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is
punishable under the criminal laws of Colorado as perjury in the second degree under
Colorado Revised Statute § 18-9-503 and it shall constitute a separate criminal offense each
time a public benefit is fraudulently received.
Signature
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Date
TANF Services Family Application
Please circle the answer that best describes you and your family.
1. Is the person to receive this service a US citizen or legal resident?
2. Do you have a dependent Child in your home that is related to
you to the fifth degree of kinship who will be receiving services?
(son, daughter, niece, nephew, cousin, grandchild)
3. Is your household's grass income less than $75,004 a year?
4. Are you employed?
What service are you requesting?
Signed .
Date:
For use by service provider
Accepted for TANF service : Date
Must meet all the qualifiers cited above
Not Accepted for service : Date
Reason not accepted for service:
Certification of Lawful Legal Presence: (required for TANF service)
Exhibit B
Yes or No
Yes or No
Yes or No
Yes or No
1, , attest that I have seen the original of the following
document, and that the attached photocopy is a true copy of that original document.
Applies to Aduhs 18 and over.-
Affidavit
ver;Affidavit of lawful legal presence, plus
Colorado Driver's license or ID card
US Military ID
US Merchant Mariner ID
Native American Tribal Document
For Children under the age of 18.-
birth
$:birth certificate
Date the applicant/participant provided a written notice of their rights.
For the Service Provider: Date:
This application is to be completed by the participant family and kept on file by the
provider in accordance with the provisions of record retention in Section Yi- B
Contractor's Duties.
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TANF Service Participant Notice
For your protection it is important to read the following carefully.
You are categorically eligible for Food Stamps. Please contact Health & Human
Services at (970) 328-8840 for information regarding the financial eligibility requirements
for Food Stamps or to request an application.
You may be eligible for Medicaid. Please contact Health & Human Services at (970)
328-8840 for information regarding the financial eligibility requirements for Medicaid or to
request an application.
Disabilities and Utter Barriers: If you have a disability or other barrier for participation
in services, you can contact Health & Human Services to receive an assessment and to be
connected to appropriate services that may better worm with your disability or ether
barriers.
Appeal Rights: If you think your service provider or Eagle County Health & Human
Services has been unfair or has made a mistake concerning your eligibility or the amount of
your benefits, you have the right to appeal either verbally or in writing.
This means you will be given a chance to present your case for a review by persons not
responsible for the original decision to be sure the provider or county action was a proper
one. At your hearing you may have legal counsel, a relative, a friend, or you may represent
yourself.
If you want a hearing, call (970) 328-8840 ask to talk with Kathleen Lyons to request a
county hearing or conference. If you still disagree after the hearing or if you wish to skip
the county hearing, write to or request the county department to write to:
Division of Administrative Hearings
1.120 Lincoln, Suite 1400
Denver, Colorado 80203
If you think that the service provider or Eagle County Health & Human Services treated
you differently from others because of race, color, sex, age, religion, political belief,
national origin, or handicap, let us know by writing to:
Eagle County Health & Human Services Attn: Kathleen Lyons, Civil Rights Coordinator
P.O. Box 660
Eagle, CO 81631 or
Division of, Administrative Hearings
1120 Lincoln, Suite 1400
Denver, Colorado 80203 or
The Secretary of Health and Human. Services
370 VEnfant Promenade, S.W.
Washington, D.C. 20447
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