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HomeMy WebLinkAboutC08-009AGREEMENT BETWEEN EAGLE COUNTY AND EARLY CHII~DHOOD PARTNERS This Agreement ("the Agreement"), made this 8~' day of January, 2008, between Eagle County, Colorado ("Count}') 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, "Child Find" is a federal program requires a continuous process of public awareness activities, screening and evaluation designed to local, identify and refer as early as possible all young children with disabilities and their families who are in need of early intervention or special education services; and WHEREAS, among the services County provides in order to promote such health, safety and welfare, the advancement of the federal Child Find mandate within Eagle County; and WHEREAS, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare and to ensure that children and families in Eagle Coutriy have an efrective, high quality and easily accessible system of early screening, assessment and referral to the early intervention system; and WHEREAS, Contractor is a provider of such services and wishes to contract with Courrty to provide such services to County residents in need thereof; and NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor enter into this Agreement. I: SCOPE OF WORK A. Contractor shall work with the Eagle County school district to identify, evaluate and refer children from birth to the age of five with delays in their development and who are in need of early intervention or special education services, as more fully described in Contractors' Child Find Proposal, attached hereto as Exhibit "A," which is incorporated herein by this reference B. The Contractor will designate and contract an individual who will implement a work plan including the following activities: 1) Research and apply best practices for screening and evaluation. 2) Implement a public awareness strategy including a marketing plan to reach parents, health providers, and early childhood programs, with information that enhances parental awareness about developmental milestones for children, the benefits of early identification of developmental delays, and public awareness concerning Child Find activities. 3) Cultivate liaisons with community agencies to expand interagency collaboration in Child Find (the medical community, private practice providers, mental health, child care partners, early care and education providers, child welfare, business community, etc.). 4} Coordinate at least two annual community screening events and/or screenings within child care centers that can raise public awareness, identify children and bring into play many community resources. These Community screening events should result in screens for 100-200 additional children annually. S) Recruit, train, and manage volunteers to assist with Child Find objectives. The Contractor is required to sign a Memorandum of Understanding with the Eagle County Volunteer Center and to work in conjunction with the Volunteer Center is the development of the Child Find volunteer program. 6) Construct and implement a plan for program evaluation of ei~ectiveness and creative problem solving and quarterly reports to Bright5tart on outcome measures. The Contractor is required to work with Eagle County Health and Human Services DepartmentBrightStart regarding the selection and implementation of a Bright5tart program database to evaluate child outcomes. 7) Collect and analyze data on Child Find services including coordination of data from screening completed by EHS, Head Start, Public Health, local physicians, EP5DT, etc. 8) Coordinate resources for translation needs and assist in the development of a bilingual Child Find evaluation team. 9) Implement strategies for an enhances, responsive, family-fiiendly service coordination system for identified children. 10) Participate on the Eagle County BrightStart Early Intervention Committee. C. The Contractor agrees to recruit and coordinate the provision of additional professional services with qualified personnel having the expertise necessary to accomplish its goals. The Community Child Find team, the Eagle County School District Child Find Coordinator and the BrightStart Early Intervention Committee will be consulted to determine what additional specialized professional services are needed. Contracted professionals may include, but are not limited to, bilingual speech therapists, infant-toddler mental health specialists, behavior consultants, trained cultural mediators, and early interventionists. These contracted professionals will: 1) Meet the Qualification/Licensure requirements of Child Find; 2) Provide services that supplement the Community Child Find team and will employ reliable diagnostic and assessment tools and best practice strategies; and Z 3) Assist Eagle County School District therapists and Vail Valley Home Health staff with individual assessments and mass screens/child care center screens to enhance the thoroughness of screening and evaluations. D. Contractor will submit to the County for advance approval the contract template utilized by the Contractor to hire consultants. a) Contractor Compensation rates must be within current market rate. Contractor is expected to manage budgeted resource to efficiently provide a minimum of 50-100 child screenings and 20-30 child evaluations. b) Contracted professional services must adhere to the requirements ofArticle IV ofthis agreement. II: TERM This Agreement shall commence on January 1, 2008 and shall terminate on December 31, 2008. III: COMPENSATION A. The County agrees to compensate the Contractor for performant~ ofassign~ scope ofwork„ which will equal approximately 20-30 hours per week of Child Find Coordinator time. This compensation is inclusive of salary, taxes, insurance, travel and other administrative expenses for coordination and program development. The amount eligible foe reimbursement of Coordination expenses wader this agreement is $ 46,000.00. Additional funds of $20,000.00 are available for Contractor to hire qualified personnel to enhance the Community Child Find Team pursuant to Section I, Paragraph C of this Agreement. Additional start-up funds of $8,250.00 will be available for the first quarter of 2008. The mazimum amount of reimbursement under this Agreement is $ 74,250.00. B. Ii; prior to payment of compensation or reimbursement for services but after submission to County of a request therefore 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. ~ 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. N: 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. If the Contractor is a sole provider of services, they shall attach an original signed copy of Exhibit A to this Agreement. 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. Ifthe 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 ~~~a~° ~~ d~ b~ b;;~~~;z,.~~ ~s, ,ti6,~~~i~~,~~; ~ ~,;_:~its~?o~ 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 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. E. 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. F. 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. TERIVIINATION 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 DUTIES A. All finnds 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 HH5 representatives inthe observation and evaluation ofthe 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. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing servit~s 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. F. The County requires two extensive and thorough written re~rts concerning services provided and participants served under this Agreement. The first report shall be due on June 1, 2008. The second report shall be due on December 31, 2008. Subsequent quarterlymini reports/updates shall be provided by the 15~' of the month following the end of each quarter. Information to be reported includes: 5 Program Implementation Report 1) Activities and collaborations developed in creating an enhanced, responsive, family friendly community system of early identification and assessment of children with developmental concerns. 2) Donated goods and services. 3) Community Outreach and Awareness activities. 4} Community Screenings implemented. 5) Child Find Volunteers recruited and trained. 6) The plan for and measures of child and family outcomes. 7) Services identified for supplemental contracts and the identification and contracting with providers. G. The County will advance the Contractor up to the following monies: $ 22,000 on December 5, 2007; $ 9,625 on February 5, 2008h; and $ 9,625 on Apri15, 2008. All expenditures must be documented within 90 days of disbursement with the receipts for purchased goods and services and documentation of Coordinator staff' hours and salary. The difi'erence between advances and documented expenditures shall be reconciled and returned to the 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: Health and Human Services Director Eagle County Health & Human Services P. O. Box 660 Eagle, CO 81631 CONTRACTOR: Early Childhood Partners P.O. Box 4532 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 airy 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 G 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 Comprehensive General Liability, including broad form property damage Professional Liability Insurance $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. $ 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 independetrt 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, star 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 thereoiy 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, off cers, 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 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 TABORAmendment (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 andJor 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 a~ 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 O~~GLE, STATE OF COLORADO By and thro gh ' Board of County Commissioners By: Chairman CONTRACTOR: Early Childhood Partners, Jeanne McQueeney By: 8