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HomeMy WebLinkAboutC16-188 Family Learning CenterFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE FOUNDATION OF TRUSTEES FOR THE FAMILY LEARNING CENTER if A./1 THIS FIRST AMENDMENT ("First Amendment") is executed this .(/- day of /'b'4 , 2016 and effective as of the 28ih day of February , 2016 by and between The Foundation of Trustees for the Family Learning Center, a Colorado nonprofit corporation (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 7th day of July,2015, for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $83,716; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 28th day of February,2016, and the parties desire to extend the term for an additional six months. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional Services as described in Exhibit A-1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit A-1 shall not exceed $59,037 or a total maximum compensation under the Original Agreement and this First Amendment of 5142-753. 3. The term of the Original Agreement is hereby extended to the 31't day of August, 2016. 4. Caprtalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modif, or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. -, : i,.Cir iit', i,r nr r,,,,,,,,,,,,,,n8-iFi;f itiT-i c ;C16-188 5. Except as expressly altered, modified and changed in this First Amendment, all terrrs and provisions of tbe Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This First Amendmelt shall be bindingon the parties hereto, their heirs, executors, successors, and assips. IN WITNESS WHEREOF, the parties hersto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, By aad Through Its COMM:SSIONERS STATE OF COLORADO, BOARD OF COTINTY CONSULTANT: TIIE FOUNDATION OT TRUSTEES FOR T}IEFAMILY By: Print M | ,-ame: / tt666-71 W Title: Frorul* f)rcol'" il: nc@ Teak J. Simonton, Clerk to tbe Board 7 Eagle County Amend Term Scope Comp Final 5Jl4 EXHIBIT A-1 SCOPE OF SERVICES. PAYMENT & FEE SCHEDTJLE Description of Services: This contract is for services provided beginning on February 28, 2016 and ending August 3lst, 2016. Contractor will provide Early Head Start child care services for up to ten (10) infants and toddlers enrolled in the Eagle County Early Head Start- Child Care Partnership ("EHS-CC") program from 7:30 am to 5:30pm in compliance with State child care licensing regulations, the Head Start Performance Standards and the Head Start Act as amended December 12.2007 . Additional Provisions: 1) Eligibility Determination: A. County will determine the eligibility of the children to be enrolled under this agreement, inform families of eligible children of their rights, obligations, and fee requirements. The County will also notify the Contractor when an eligible child is no longer eligible. Payment for individual clients will not be made after the Contractor is notified in writing of the children served under this Agreement's ineligibility. B. It is agreed that when or if EHS children transition out of the EHS-CC program, that both parties will make every effort to provide a smooth transition into another early childhood program including but not limited to Head Start, Colorado Preschool Program, or Colorado Child Care Assistance Program (CCAP). C. If a child receiving Early Head Start Services qualifies for CCAP, the Contractor must do everything in its power to serve the child through CCAP while effolled in Early Head Start. D. Per funding requirements25%o of children enrolled in this program must be on CCAP. 2l Early Head Start Requirements: A. The EHS programwill: 1. Share children's assessments with classroom teachers, with parent permission. 2. Work with the Contractor to develop action plans for issues or concerns that arise during program monitoring and observation of the Contractor's site. 3. Offer training opportunities to Contractor's staff that care for infants and toddlers in specific issues pertaining to infants and toddlers up to age three. B. The Contractor shall complete and return to County monthly attendance records. These attendance records can accompany the monthly invoice for payment required by paragraph 5(a) of the Agreement. Invoices reflecting tuition and credit for reimbursement under the Colorado Child Care Assistance Program (CCAP) for the previous month will be completed and returned to County within 5 working days of the first of each month. 3) Parent(s) Responsibilities: The Parent of each Early Head Start child must agree to complete all registration forms and to update immunization and well child visits as required by the State and Contractor, and to be available for two parent conferences at the Contractor's site each year. Parents will also be available for teacher's home visits twice a year. Parents are required to follow the Center's Policy and Procedure manual. Contractor should inform the EHS progmm if any parent does not comply. 4) Maintenance and Access to Records: The Contractor agrees to keep records dealing with frequency of service delivery, services provided, fiscal records, and retain all book, records, and other documents relevant to this agreement for three (3) years after final payment. The Contractor agrees that any persons duly authorized by the Early Head Start Program (county, state or federal) shall have full access to and the right to examine any of said materials. 5) Program Records, Controls, Reports, and Monitoring Procedures: A. The Contractor agrees to maintain program records required by County and agrees that a program and facilities review including meetings with consumers, review of service records, 3 Eagle County Amend Term Scope Comp Final 5/14 6) review of staffing ratios, job descriptions, staff qualifications and meetings with any staff directly or indirectly involved in the provision of services may be conducted at any reasonable time by state and federal personnel and other persons duly authorizedby the County. B. The Contractor agrees to maintain progmm records required by the County and to complete an invoice on forms fumished by the County. Further, the Contractor agrees to make available its facilities/services to County's designees (staff, students, parents), for training or observation. Staff Qualifications and Development: A. Individuals employed and representing the Contractor shall demonstrate the skills/qualifications required by the Federal Office of Head Start. Section 645A(h)(1) of the Head Start Act requires that "not later than September 30, 2010, all teachers providing direct services to children and families participating in Early Head Start programs located in Early Head Start centers, have a minimum of a child development associate credential (CDA), and have been trained (or have equivalent coursework) in early childhood development." B. Staff must keep their CDA current with renewal every three years. Every teacher must attend at least 15 clock hours of professional development per year, including one training determined by Early Head Start and Contractor. Contractor must provide a copy of its state license and CDA, AA, Bachelor of Arts (BA) credentials for staff qualifications per this Agreement. C. Contractor must make every effort to reach and sustain compliance with the requirements for infant and toddler center-based teaching staff. The first priority is to hire qualified, credentialed staff in accordance with the Head Start Act. If the program cannot recruit and hire qualified, credentialed staff, the program may hire a person who is in the process of completing their credential, has experience working with infants and toddlers, and has one of the following: a. Course work with infant and toddler content b. Degree in a related field c. Training with infant and toddler content Contractor has 12 months from date of hire to get teacher the minimum required qualifications. The Contractor agrees to provide child care services to EHS program families as follows: A. Early care and education for infants and toddlers whose families are enrolled in EHS and enrolled by County. B. Contractor must provide primary caregiving and continuity of care to all EHS infants and toddlers as defined in the performance standards: 45 CFR I304.52(g)(4)-Grantee and delegate agencies must ensure that each teacher working exclusively with iffints and toddlers has responsibility for no more than four infants and toddlers and that no more than eight infants and toddlers are placed in one group. 45 CFR 1304.21(b)(1)(i)-Grantee and delegate agencies' program ofservices for infants and toddlers must encourage: The development of secure relationships in out-of-home care settings for infants and toddlers by having consistent teachers over an extended period of time. Teachers must demonstrate an understanding of the child's family culture and, whenever possible, speak the child's language. 45 CFR 130a.21(a)(3)(ii)-Grantee and delegate agencies must support social and emotional development by: Planningfor routines and transitions so that they occur in a timely, predictable and unrushed manner according to each child's needs. C. krclusion of infants and toddlers with special needs and disabilities. D. Allow for and participate in assessments to be conducted in classrooms such as, but not limited to, Ages and Stages Developmental Questionnaire (ASQ), the Infant/Toddler Environment Rating Scale (ITERS), Colorado Shines ratings, EHS ongoing monitoring, and 4 Eagle County Amend Term Scope Comp Fir.a,l5ll4 7) EHS annual self-assessment. Results will be shared with Director and the EHS Education Coordinator. Staff will be involved in the development and implementation of quality improvement plans based on the results of the assessments. E. Comply with all Head Start Performance Standards and the Head Start Reauthorization Act as defined in Exhibit B, including teacher credentials, teacher-child ratios, and group size at all times of the day. Exhibit B will be updated and replaced to reflect and assure compliance with any changes in state licensing regulations and./or Head Start Performance Standards. F. Maintain a current, working Policy and Procedure manual that is distributed to families at enrollment, as well as to EHS, and go over the policies with the parent before enrollment. EHS children should not be denied services if they cannot provide diapers and/or formula. Families are to contact their Family Advocate or Education Coordinator in order to address the issue. G. It is the responsibility of the Contractor to enforce the Policy and Procedures manual including health exclusions, pick-up and drop-off policies and procedures. H. The director will contact County staff prior to denying services excluding health related issues. I. Teachers will complete individual portfolio files for each child per Teaching Strategies GOLD online system assessment system selected by the EHS program. Teachers will meet children's early learning needs by individualizing the curriculum for each child based on their observations and the child's developmental goals. At the time of transition to a new classroom or childcare site, the child's portfolio will accompany them to the new placement. J. Teachers will participate in the development of individual child goals for each child by convening two parent teacher conferences at the child care site annually and participating in two EHS home visits annually. Based on observations and assessments, all parties will contribute to a plan for the child's development. Copies of conference reports and the child's GOLD assessments will be filed in the child's portfolio on site and in the child's chart maintained by the EHS program. K. Allow County staff access to childcare sites during hours of operation. This includes the Mental Health Coordinator, Health Coordinator, Education Coordinator, and Family Advocates who will conduct classroom observations and or trainings. L. Notify County of planned transitions and develop a transition plan with each family. M. Complete weekly lesson plans in GOLD and forward to the Education Coordinator weekly. N. Share menus, health and safety checklist, and licensing reports with County as requested. Make changes to menus based on recommendations from a Registered Dietician provided by the County. O. Provide snacks and meals to the children served under this Agreement and submit receipts for USDA reimbursemerit. P. File on site and provide EHS a copy of current child care license(s) to the County EHS Director for childcare facility in this agreement. Q. File on site and provide EHS with a copy of the Notice of Survey Findings from every health department visit to the Family Leaming Center. R. File on site and provide EHS-CC with copies of educational credentials for all staff members. S. File on site and provide EHS-CC with a copy of stated private pay tuition rates. T. Children will not be required to participate in religious activities. Contractor must offer alternate developmentally appropriate activities at these times. U. A11 information regarding children and families must be kept confidential. V. Contractor must identify a research based curriculum to be used in each classroom and inform County which curriculum will be used. W. Contractor must have a process for all parents to sign their children in and out in order to assure safetv. 5 Eagle County Amend Term Scope Comp Final 5/14 X. Contractor shall work cooperatively with Coaching and Consultation agencies as funds allow in the infant and toddler classrooms. Y. Contractor shall invoice Child Care Assistance Program (CCAP) funding for eligible EHS families and notify EHS when families are enrolled and transitioned. Z. 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 Children and Family Services - (970) 328- 7720. The above-listed services will be provided expeditiously to the children served under this Agreement. The legislation supporting the Early Head Start effort explicitly solicits and advocates the fullest possible cooperative and supportive approach from existing local and state agencies to enhance the efficacy of Early Head Start and its proposed measurably productive, pro-social impact on involved families. Performance Standards and the Head Start Act are located at the Earlv Childhood Learnins and Knowledge Center: http://eclkc.ohs.acf.hhs. gov/hslc. Payment and Fee Schedule: Contractor shall be compensated for performance of assigned services as follows: 1 . County agrees to pay for 1 0 full time spaces for February 28, 2076 through August 3I , 2016 drawn down in 6 equal payments. County will only compensate Contractor for spaces being reserved for County during each month. Contractor must subtract fees for children who are enrolled in CCAP and County will pay the parent fee. Said payments to Contractor shall not exceed $59,037 for spaces. These rates are being paid to assure compliance with Head Start Performance Standards. Fees and reimbursements will be made in accordance with the terms of paragraph 5 of the Original Agreement. In no case will EHS make payment when Contractorffamily Leaming Center director does not contact EHS staff prior to suspending services, excluding health related issues. Maximum compensation under this Agreement shall not exceed 5142,753. 6 Eagle County Amend Term Scope Comp Final 5/14