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HomeMy WebLinkAboutC08-316AGREEMENT BETWEEN EAGLE COUNTY AND EAGLE COUNTY SCHOOL DISTRICT This Agreement ("the Agreement"), made this ~l~day of October, 2008, between Eagle County, Colorado ("County") and Eagle County School District ("School District"), WITNESSETH: WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.C. §§ 29-1-201, et seq., and Article XIV, Section ] 8 of the Colorado Constitution; and WHEREAS, County, through its Department of Health & Human Services ("HHS"), works to promote the health, safety and welfare of County residents of all ages; and WHEREAS, among the services County provides in order to promote such health, safety and welfare are licensed, quality child care services for working families; and I WHEREAS, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, School District is a provider of licensed child care in the June Creek Elementary School for the teen parents participating at Red Canyon High School and wishes to participate in the BrightStart Community Early Childhood Program to assure quality and affordable infant and toddler child care services to teen parents in need thereof. BrightStart - Early Childhood program is a comprehensive program that addresses the multiple needs of the child and the family with services in early care and learning, health & safety, social emotional development, and family supports. Now, therefore, in consideration of the foregoing premises and the following promises, County and School District enter into this Agreement. l: SCOPE School District shall operate a licensed child care facility with l O licensed spaces which provides care for infants/toddlers between the ages of six weeks and 18 months. School District shall: :- Utilize funds received under this Agreement for start-up materials and activities. Assure that all child care licensing standards of the Colorado Division of Child Care are met at all times. ~ Maintain an average of 85 percent daily enrollment within the ] 0 licensed spaces during the term of this Agreement. :- Provide a report as noted under Article Vl, Paragraph F of this Agreement. Utilize coaching and consultation services through Early Childhood Partners to develop best practices, individual program plans and for evaluation of program effectiveness. Early Childhood Partners contact information: Jeanne McQueeney 970-328-0774 or 970- 471-0635. II: TERM This Agreement shall commence on September 1, 2008 and shall terminate on September 1, 2049. III: COMPENSATION A. Eagle County agrees to reimburse the School District for expenses associated with increasing child care capacity and assuring quality care. The approved items under this agreement include: playground equipment and surfaces, shade structures, and classroom furnishings. Items allowable and not allowable for reimbursement are detailed in Attachment A. The maximum amount of reimbursement under this agreement is $20,000.00. B. If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by School District, 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 School District 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, School District 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 School District shall forthwith be returned to County. Service Description and Criteria: 1. The School District will employ evidence based practices and utilize evaluators and coaches, through Early Childhood Partners, who are qualified to provide early childhood coaching and consultation services. 2. Individualized program plans for early childhood coaching and consultation will be developed by the School District 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 Early Childhood Council quality improvement program and will be documented in a written plan for service. 3. Service strategies for early childhood coaching and consultation may include: Completion of assessment instruments. i Teacher training and coaching in parent involvement methods. Child social-emotional group modeling for teachers. i Teacher training and coaching to improve learning environments and early childhood education methods. i Program administration consultation. Coaching of early childhood programs in referral of children and families to community resources. 4. Evaluation of program effectiveness will include: the numbers of children, parents, and teachers participating in services. the level of effort provided by the School District for each program. ~ apost-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. IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. The School District 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 School District that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. If the School District is a sole provider of services, they shall attach an original signed copy of Exhibit A to this Agreement. B. The School District 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 School District does not employ any illegal aliens. If the School District is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the School District shall apply to participate in the Program every three months until the School District 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: https://~~-w~~~.vis-dhs.com\employerregistration C. The School District 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 School District obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the School District shall be required to: l .Notify the Subcontractor and the County within three days that the School District 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 School District 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 School District 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 School District violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the School District 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 School District specifying the date of termination, which date shall be not less than ten (l 0) days from the date of the notice. In the event School District ceases operations, County may declare in writing that this Agreement is terminated, and all rights of School District and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. VI. SCHOOL DISTRICT'S DUTIES A. All funds received by School District 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. School District shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance if its responsibilities hereunder. School District shall be subject to financial audit by federal, state or county auditors or their designees. School District authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to School District, for the purpose of evaluating performance under this Agreement. School District shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. School District 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, School District shall comply with the highest standards of customer service to the public. School District 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 School District, County may terminate this Agreement, in whole or in part, upon ten (l0) days notice to the School District. D. School District shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by School District under this Agreement. School District shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. School District shall comply with all federal and state rules, regulations, laws and requirements concerning restrictions on providing public benefits to persons v~~ho are not lawfully present in the United States. F. The County requires a written report on or before September l S', 2009 concerning services under this Agreement. Specifically, the report must include: Copy of current child care license. ~ Copy of your Child Care Assistance Program fiscal agreement. ~ The number of currently enrolled children in the School District's program. r The licensed and actual capacity for infant, toddler and preschool care. ~ Recount of experiences and quality enhancements made through coaching and consultation. ~ The quality enhancement activities undertaken with funds received under this Agreement. G. BrightStart -School District shall acknowledge in all public information materials that Eagle County School District is a community BrightStart partner. H. The School District shall cooperate with BrightStart in providing information to parents, staff, and the public on community early childhood programs and how to access these early childhood programs for services. I. School District 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. J. School District 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. K. School District 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. L. School District shall notify HHS immediately of all reports of suspected child abuse or neglect involving School District, including, but not limited to, employees, volunteers and clients. HHS School Districts are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS Children and Family Services Department - (970) 328-8840. M. School District may request in writing an advance on this agreement. All advances must be reconciled within 60 days with the submission of receipts for purchased items and documentation of billable staff hours. N. School District 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: SCHOOL DISTRICT: Eagle County Health & Human Services Eagle County School District P. O. Box 660 P. O. Box 740 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 School District 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, School District shall maintain in full force and effect the following insurance: Tvpe of Insurance Workers' Compensation Employers Liability, including occupational Disease Coverage Limits Statutory $500,000 Comprehensive General Liability, including broad form property damage $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. Professional Liability Insurance $ 500,000 per occurrence School District 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 School District to County is that of independent Schoo] District. No agent, employee or volunteer of School District 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. School District 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 School District, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of School District's exercise of its privileges or performance of its obligations under this Agreement. E. School District 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 School District 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. 29-1-10] 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 School District or County because of any breach hereof or because of anv of the terms, covenants, agreements and conditions herein. J. School District 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 School District have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to School District. THE REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK 1N WITNESS WHEREOF, COUNTY and SCHOOL DISTRICT have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to School District. COUNTY OF EAGLE, STATE OF COLORADO By and through the County Manager B ruce Baumgartner, Co ty Manager Eagle County School District By : SPn,. '' .4 ~~~""" II! ,fir j'v~~C.,,`~ ccS:.~' C,~ ATTACHMENT A ALLOWABLE ACTIVITIES UNDER THE CHILD CARE AND DEVELOPMENT FUND Funds may be spent for the following: • Activities designed to provide comprehensive consumer education to parents and the public; • Activities that increase parental choice; • Activities designed to improve the quality and availability of child care; this may include the purchase of equipment and/or supplies purchased as a part of a plan or project specifically designed to increase the quality of child care. • Operating directly, or providing financial assistance, for the development, establishment, expansion, operation, and coordination of resource and referral programs specifically related to child care; • Making grants or providing loans to child care providers to assist such providers in meeting applicable State, local, and tribal child care standards, including applicable health and safety requirements; • Providing training and technical assistance in areas appropriate to the provision of child care services, e.g.; training in health and safety, nutrition, first aid, the recognition of communicable diseases, child abuse detection and prevention, and care of children with special needs; • Improving salaries and other compensation (such as fringe benefits) forfull-and part-time staff who provide child care; and • Minor remodeling to upgrade child care facilities to assure that providers meet State and local child care standards, including applicable health and safety requirements. This may include sectarian organizations. • Any other activities that are consistent with the intent of this section. ACTIVITIES THAT ARE NOT ALLOWED UNDER THE CHILD CARE AND DEVELOPMENT FUND Funds may not be spent for the following: • The purchase or improvement of land, • The purchase, construction, or permanent improvement of any building or facility. • Sectarian purposes or activities with the exception of minor remodeling to upgrade child care facilities as described above. • Tuition. Funds may not be expended for students enrolled in grades I through 12 for: - Any service provided to such students during the regular school day; - Any service for which such students receive academic credit toward graduation: - Any instructional services that supplant or duplicate the academic program of any public or private school. • Used as the non-Federal share for other Federal grant programs. 10 Exhibit A ~(~ ~ N" [ f d h l ~ f 1, GlG 2 ~ ,swear or affirm under the penalty o perjury un er t e aw s o the State of Colorado that (check one): 1 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 1 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. ~'!/ " ~l Signature L/ Date