No preview available
HomeMy WebLinkAboutC07-274 Early Childhood PartnersAGREEMENT BETWEEN EAGLE COUNTY AND EARLY CHIDHOOD PARTNERS This Agreement ("the Agreement"), made this 4th day of September, 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 parent education groups with a minimum of 24 families from low-income or at -risk homes to improve family functioning, achieve active promotion of children's language development and achieve family skills in advocating for the educational needs of their child. The classes should enable parents to increase and apply improved knowledge, attitudes, and skills in guiding and disciplining their children; and support families by giving parents information and skills on: ➢ How to more effectively provide leadership and direction to their youth ➢ How to enhance family communication ➢ How to explore and communicate values ➢ Provide parents with adequate tools to support the developmental stages of their children ➢ Provide parents with family management skills H: TERM This Agreement shall commence on September 4, 2007 and shall terminate on December 31, 2007. III: COMPENSATION A. County will compensate Contractor for performance of Assigned Services as follows: Strengthening Families (two courses, one in English and one in Spanish, each course is nine sessions) ➢ Professional Services: $200/session x 18 sessions = $3600 Early childhood Optional — receipts required ➢ Child Care: 2 childcare givers @ 3 hours @ $15/hr for 18 sessions = $1620 ➢ Parenting and Child Care supplies: $42/session x 18 sessions = $756 ➢ Food supplies: $60/sessions x 18 sessions = $1080 Total: $7,056 "You Make the Difference" (2 courses, one in English and one in Spanish each course is five sessions) ➢ Professional Services: $200/session x 10 sessions = $2000 Early childhood Optional — receipts required ➢ Child Care: 2 childcare givers @ 3 hours @ $15/hr for 10 sessions = $900 ➢ Parenting and Child Care supplies. $42/session x 10 sessions = $420 ➢ Food supplies: $60/sessions x 10 sessions = $600 Total: $3,920 Incredible Years (one bi-lingual class, 12 sessions for 12 parents of Edwards and Avon preschool classes in conjunction with classroom Incredible Years, with Incredible Year evaluation) ➢ Professional Services : $600/session x 12 sessions = $ 7200 Early childhood Optional — receipts required ➢ Child Care: 2 childcare givers @ 3 hours @ $15/hr for 12 sessions = $1080 ➢ Parenting and Child Care supplies: $42/session x 12 sessions = $504 ➢ Food supplies: $125/sessions x 12 sessions = $1500 ➢ Simultaneous translation: $ 30/hour for 12 sessions = $ 1260 Total: $ 11,544 The maximum amount of reimbursement under this agreement is $22,520. B. County will not compensate or reimburse Contractor for activities such as: ➢ participation in child protection, community treatment team for client family staffings; ➢ travel costs; ➢ supervision or staff development activities. C. 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: _, E 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 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 Z. 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. VI. CONTRACTOR'S 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 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 (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. 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 active child welfare clients 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 presence of all applicants prior to utilizing County funds to provide said service or support. Lawful presence must be verified by 1) requiring production of a Colorado license or ID card, an ID card issued by the US 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 Exhibit 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 parenting classes. The Contractor must comply with the following requirements regarding all TANF-eligible participants: Food Stamps - 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. 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. Appeal 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 parenting classes. The written report will include information on: > the numbers of parents enrolled in the parenting group > 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 parenting groups > class attendance sheets within the first 5 days of month 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. I. 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 Human 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 Cpunty's usual bill paying process. Billings for services provided through December 31, 2007 must be submitted by January 6, 2008 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 nitedStates Postal Service. VIII. ASSIGNMENT Contractor shall not assign any of 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. 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: Type of Insurance Coverage Limits Workers' Compensation Statutory Employers Liability, including occupational Disease $00,000 Comprehensive General Liability, including $150,000 per person and broad form property damage $600,000 per occurrence or as specified in the Colorado Governmental Iinmunity Act, whichever is greater. 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 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. 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 times 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 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). G. 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. H. 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. I. 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. J. 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. COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: -a, &A ..— Am M. Mencom, Chairman 10no - CA,Y ATTEST: _JP.'OG4 Clerk to the Board of County Com �* CONTRACTOR: Early Childhood Partners A,� 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 § 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature 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 gross income less than $75,000 a year? 4. Are you employed? What service are you requesting? Signed : For use by service provider Accepted for TANF service: Must meet all the qualifiers cited above Date: Date Not Accepted for service : Date Reason not accepted for service: Certification of Lawful Legal Presence: (required for TANF service) Yes or No Yes or No Yes or No Yes or No Exhibit B I, '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 Adults 18 and over. 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 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 V7- B Contractor's Duties. 10 V 4 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 Other 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 work with your disability or other 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 1120 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 L'Enfant Promenade, S.W. Washington, D.C. 20447 I1