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HomeMy WebLinkAboutC08-325AGREEMENT BETWEEN EAGLE COUNTY AND EARLY CHILDHOOD PARTNERS This Agreement ("the Agreement"), made this l~ day of ~~ti~ , 2008, between Eagle County, Colorado ("County") and Early Childhood Partners ("Early Childhood Partners"), 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 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, Early Childhood Partners is a provider of Coaching & Consultation services and wishes participate in the BrightStart Community Early Childhood collaboration. BrightStart - is a comprehensive early childhood collaboration that addresses the multiple needs of children, families and the early childhood community with services in early care and learning, health & safety, social emotional development, and family supports. Early Childhood Partners provides professional development and quality improvement opportunities for licensed child care providers. Through the Coaching & Consultation project Early Childhood Partners provides programs with services that assist with leadership development, enhancing learning environments, curriculum development, and strategies to enhance staff, child and parent relationships. Article I: SCOPE Early Childhood Partners shall provide services to improve the quality of early care and learning programs for children under the age of nine and their families in Eagle County, specifically: - Outreach and engagement of licensed child care providers in the Eagle Valley River portion of Eagle County to participate in the Coaching & Consultation project. - Recommendation of criteria for selection of classrooms, and licensed programs to participate in the Coaching & Consultation project. (Attachment A) - Completion of a participation agreement with participating licensed programs which clarifies mutual responsibilities. - 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 BrightStart and Early Childhood Partners. Service Description and Criteria: 1. Early Childhood Partners will employ evidence based practices and utilize evaluators and coaches 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 Early Childhood Partners in conjunction with licensed child care programs. 3. 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. 4. 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 Early Childhood Partners 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. - improve classroom Environmental Rating or Qualistar scores by 25 %. Article II: TERM This Agreement shall commence on September 1, 2008 and shall terminate on December 31, 2009. Article III: COMPENSATION A. The County agrees to compensate Early Childhood Partners as follows at the rate of $65 per hour. Reimbursement will only be for direct service hours. The County will not reimburse for indirect service hours which include: - preparation and documentation time A participation in child protection team meetings or clinical staffings - travel time - professional development and supervision/coordination time. The maximum amount eligible for reimbursement under this agreement is $ 89,225. B. If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefor by Early Childhood Partners, 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 Early Childhood Partners 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, Early Childhood Partners 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 Early Childhood Partners shall forthwith be returned to County. Article IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: A. Early Childhood Partners 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 Early Childhood Partners that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. If Early Childhood Partners is a sole provider of services, they shall attach an original signed copy of Exhibit A to this Agreement. B. Early Childhood Partners 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 Early Childhood Partners does not employ any illegal aliens. If Early Childhood Partners is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, Early Childhood Partners shall apply to participate in the Program every three months until Early Childhood Partners 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://www.vis-dhs.com\employerregistration C. Early Childhood Partners 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 Early Childhood Partners obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Early Childhood Partners shall be required to: 1. Notify the Subcontractor and the County within three days that Early Childhood Partners has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the Subcontract with the Subcontractors 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 Early Childhood 3 Partners 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. Early Childhood Partners 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 Early Childhood Partners violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, Early Childhood Partners shall be liable for 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 Early Childhood Partners specifying the date of termination, which date shall be not less than ten (10) days from the date of the notice. In the event Early Childhood Partners files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of Early Childhood Partners and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. Article VI. EARLY CHILDHOOD PARTNERS'S DUTIES A. All funds received by Early Childhood Partners 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. Early Childhood Partners shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to the County on performance if its responsibilities hereunder. Early Childhood Partners shall be subject to financial audit by federal, state or county auditors or their designees. Early Childhood Partners authorizes the County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Early Childhood Partners, for the purpose of evaluating performance under this Agreement. Early Childhood Partners shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Early Childhood Partners 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, Early Childhood Partners shall comply with the highest standards of customer service to the public. Early Childhood Partners 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 the County. In the event that the County finds these standards of customer service are not being met by Early Childhood Partners, the County may terminate this Agreement, in whole or in part, upon ten (10) days notice to Early Childhood Partners. D. Early Childhood Partners shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Early Childhood Partners under 4 this Agreement. Early Childhood Partners shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. BrightStart requires periodic written reports concerning services under this Agreement. Early Childhood Partners shall 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 reports will include the number of classrooms participating, number 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 January 5, 2010. Reimbursement for services relating to the service plan is subject to the timely receipt of written assessment, service plan, and reports. F. Early Childhood Partners shall acknowledge in all public information materials that Early Childhood Partners is a community BrightStart partner. G. Early Childhood Partners 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. H. Early Childhood Partners 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. Early Childhood Partners shall notify HHS immediately of all reports of suspected child abuse or neglect involving Early Childhood Partners, 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 Children and Family Services Department - (970) 328-8840. J. Early Childhood Partners shall participate in an annual training provided by the County regarding program requirements and eligibility; child abuse and neglect reporting; financial and program reporting to the County. Article 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: Eagle County Health & Human Services P. O. Box 660 (mailing address) Eagle, CO 81631 EARLY CHILDHOOD PARTNERS: 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. Article VIII. ASSIGNMENT Early Childhood Partners shall not assign any of its rights or duties under this Agreement to a third parry 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 be valid only if in writing and signed by all parties. Article X. INSURANCE At all times during the term of this Agreement, Early Childhood Partners shall maintain in full force and effect the following insurance: Tempe of Insurance Coverage Limits Workers' Compensation Statutory Employers Liability, including occupational Disease $500,000 Comprehensive General Liability, including $150,000 per person and broad form property damage $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is Beater. Professional Liability Insurance $ 500,000 per occurrence. Early Childhood Partners 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. Article XI. MISCELLANEOUS A. The relationship of Early Childhood Partners to the County is that of independent contractor. No agent, employee or volunteer of Early Childhood Partners shall be deemed to be an agent, employee or volunteer of the 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. Early Childhood Partners shall indemnify and hold harmless the 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 the 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 Early Childhood Partners, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Early Childhood Partners' exercise of its privileges or performance of its obligations under this Agreement. E. Early Childhood Partners 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, the County shall have no obligations under this Agreement after, nor shall any payments be made to Early Childhood Partners in respect of any period after, December 31st of the calendar year of the Term of this Agreement, without an appropriation therefore by the 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. L 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 7 against either Early Childhood Partners or the County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. J. Early Childhood Partners 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. THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK In Witness Whereof, the County and Early Childhood Partners have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to Early Childhood Partners. COUNTY OF EAGLE, STATE OF COLORADO By and through its B f Commissioners By: Peter F. Runyon, Chairman .ATtTE~ST: ~~~~'~~~~ ~~ Clerk to the B d of County o I~IN , ~ ~ ~~ ~ Rr- EARLY CHILDHOOD PARTNERS: i r By: 1 Attachment A Proposal to BrightStart Levels of service or participation for early childhood programs working with Early Childhood Partners Readiness Level a) Program completes readiness survey adapted from Kids Connects. Screening and interview includes leadership and program administration areas; organizational structure, recruiting/staffmg, training, work group cohesion and self care. b) Interview with the director asking "What is your vision of quality for your program? What are you doing now? What is working? Where are there gaps?" c) Work with the leadership through Reflective Supervision to help them assess their readiness. d) Mass child fmd screening at the program to assure no child falls through the cracks while the program "becomes ready". Approximately 30 hours per program 4 programs =120 hours Level One --for a new program after completing Readiness Level Goals are developed to address: a) Quality improvements, b) Social emotional support c) Parenting support d) Leadership development e) Group cohesion and self care Approximately 55 hours per classroom 9 classroom = 495 hours Level two for programs in second year or more - Continuing relevant goals -Approximately 55 hours per classroom 10 classrooms = 540 hours Crisis Intervention - Work on an "as needed basis" with leadership or individual teachers when a crisis arises with a program not currently in level one or two. - Hours to be determined based on crisis and approved prior to intervention. Currently 0 Head Start Support - 50% cost of mental health assessments for all HS children - 80% cost of follow up coaching and consultation to 12 HS classrooms (approximately 200 hours) 10 classrooms 10 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 ยง 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date 11