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HomeMy WebLinkAboutC17-038 Clayton Early LearningAGREEMENT FOR EARLY HEAD START SERVICES THIS AGREEMENT is made and entered into this 26 day of January 2017, with an effective date of September 1, 2016, by and between Clayton Early Learning, Trustee, George W. Clayton Trust, a not -far -profit corporation licensed and authorized to do business in the State of Colorado, whose address is 3801 Martin Luther King Boulevard, Denver, Colorado 80205 (hereinafter, "Clayton Early Learning"), and the Eagle County, Colorado, a political subdivision of the State of Colorado, whose address is 500 Broadway, PO Box 850 Eagle, CO 81631 (hereinafter, "Contractor"). WITNESSETH: WHEREAS, Clayton Early Learning has applied for a grant from the United States Department of Health & Human Services (HHS), by and through the Administration for Children & Families (ACF) to administer and operate a program of Early Head Start services in Partner Child Care Sites in high need areas of the state. WHEREAS, Clayton Early Learning has retained the Contractor to ensure specific Early Head Start services are delivered in Partner Sites; and WHEREAS, Clayton Early Learning believes the Contractor to be well able to undertake and perform such services, and Clayton Early Learning desires to contract with the Contractor for the performance of such services; and WHEREAS, the Contractor is ready, willing and able to provide such services; NOW THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the parties agree as follows: 1. COORDINATION AND LIAISON: The Contractor agrees that during the term of this Agreement it shall fully coordinate all services hereunder with the Clayton Early Learning Director or such other representative as may be designated by Clayton Early Learning. 2. COMPENSATION: Clayton Early Learning agrees to pay the Contractor, and the Contractor agrees to accept as complete compensation for all services provided under this Agreement an amount of one hundred fifty-eight thousand seventy-four dollars and no cents ($158,074.00) in operational funding and two thousand three hundred forty dollars and no cents ($2,344.00) in Training and Technical Assistance funding for ten (10) Early Head Start students. The total amount the Contractor will be paid is one hundred sixty thousand four hundred 1 C17-038 eighteen dollars and no cents ($160,415.00) in twelve (12) equal installments of thirteen thousand three hundred sixty-eight dollars and seventeen cents ($13,358.17) to be paid within the first ten business days of the month of service. Funds will be transferred to the Contractor via Account Transfer. If reporting requirements are not current, ACH payment will be initiated within five business days of receipt of required reports. It is expressly understood and agreed that the obligation of Clayton Early Learning to make payments to Contractor shall only extend to monies appropriated by the United States Government and paid to Clayton Early Learning for the purposes of this Agreement. The Contractor acknowledges that (i) Clayton Early Learning does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and (ii) this Agreement is not intended to create a multiple -fiscal year direct or indirect debt or financial obligation of Clayton Early Learning. Clayton Early Learning shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature except as required by law. The Contractor shall adhere to Head Start Section 644(g)(3) to include the Davis -Bacon Act for construction or renovation to a Head Start facility. Non -Federal Share is a statutory requirement of the Head Start Act Section 640(b). Administrative requirements are codified in 45 CFR 74.23 and 45 CFR 92.24. As stated in the Act, the grantee agency must provide 20 percent of the total costs of the Head Start program unless a waiver has been granted. Contractor must provide quarterly documentation of expenditure of an amount equal to the required non-federal share, or match to Clayton Early Learning as noted in Exhibit B. For purposes of the Agreement, this amount shall total thirty- nine thousand five hundred eighteen dollars and no cents ($39,518.00). 3. SCOPE OF SERVICES: The Contractor shall, in full coordination with Clayton Early Learning, provide services and fulfill the obligations in Exhibit A of this Agreement. All records, data, specifications and documentation, except for Contractor's confidential personnel files, prepared by the Contractor under this Agreement, when delivered to and accepted by Clayton Early Learning shall become the property of Clayton Early Learning. The Contractor agrees to allow Clayton Early Learning to review and observe any of the procedures used by it in doing the work under this Agreement and to make available for inspection all records, notes and other documents (whether in written or electronic form) used in performing work under this Agreement. 2 4. SUPPLEMENTARY DOCUMENTS: The following documents are attached hereto and incorporated herein and made a part of this Agreement as if set forth in full herein: A. Exhibit A, Scope of Services. B. Exhibit B, Reporting and Monitoring Schedule and Definitions 5. CONTRACTOR'S RESPONSIBILITIES: In addition to any and all obligations required by law or stated elsewhere in this Agreement or in any attachments hereto, the Contractor shall: A. Communicate timely with the Clayton Early Learning Director concerning the provision of services hereunder and attend and participate in meetings as requested by the Clayton Early Learning Director or the Director's designated representative; B. Ensure that all staff of Contractor shall have adequate skills and experience for their respective functions and comply with the reasonable directions and requests of Clayton Early Learning in implementing Early Head Start Services; C. Permit Clayton Early Learning or ACF to carry out reasonable monitoring and evaluation activities and ensure the cooperation of the Contractor, its employees, agents, board members, and subcontractors in such efforts; D. Obtain, and maintain and provide copies to Clayton Early Learning of all applicable licenses, permits, credentials and authority required to provide services under this Agreement. E. The Contractor shall not copyright, trademark or patent any work, materials, devises, processes, or products developed as a result of the services provided under this Agreement without the prior written approval of Clayton Early Learning or the federal government. Upon approval, Clayton Early Learning shall have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material; F. The Contractor shall report without delay to Clayton Early Learning and to any and all appropriate authorities, any incidents of suspected or known child abuse or neglect and any incidents involving serious injury or death regardless of cause of a child enrolled in Early Head Start or otherwise receiving Early Head Start services. 6. REPORTS: The Contractor shall establish and maintain reporting systems in accordance with any and all policies, procedures and directives of Clayton Early Learning. N 7. TERM: The term of the Agreement shall commence on September 1, 2016 and proceed to the timely and expeditious completion of the services contemplated hereunder, but in any event, the services of the Contractor shall be completed and this Agreement shall expire on August 31, 2017. 8. COMPLIANCE WITH APPLICABLE LAWS: By its signature below, the Contractor assures and certifies that it will comply with all applicable Federal, State and local laws, ordinances, codes, regulations, rules, executive orders, and policies whether or not specifically referenced herein. In particular, the Contractor shall perform the duties and satisfy the requirements of the following laws, regulations, and policies as may be amended from time to time: A. The Head Start Act as it pertains to this agreement; B. The Drug -Free Workplace Act of 1988 as codified at 41 U.S.C. 701, et. sea.; C. Executive Order 12549, Debarment and Suspension, implemented at 45 CFR Part 76. By its signature below, the Contractor assures and certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. D. The Americans with Disabilities Act as codified at 42 U.S.C. 12101 et sN.; E. Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975. 9. PERFORMANCE STANDARDS: It is expressly understood and agreed that all services provided pursuant to this Agreement will comply with Early Head Start Performance Standards. The Contractor will develop policies and procedures necessary for the appropriate and effective delivery of services pursuant to this Agreement. Such policies and procedures are subject to approval by Clayton Early Learning. 10. STATUS OF CONTRACTOR: It is understood and agreed that the status of the Contractor shall be that of an Independent Contractor, retained on a contractual basis to perform professional or technical services for limited periods of time and it is not intended, nor shall it be construed, that the Contractor or any employee or subcontractor is an employee, officer, or agent of Clayton Early Learning or for any purpose whatsoever. 4 11. ASSIGNMENT AND SUBCONTRACTING: A. By Clayton Early Learning. Clayton Early Learning may assign or transfer this Agreement at its discretion or when required by ACF or if Clayton Early Learning's agreement with ACF is terminated. B. By the Contractor. Clayton Early Learning is not obligated or liable under this Agreement to any party other than the Contractor named herein. The Contractor shall not assign or subcontract any of its rights, benefits, obligations or duties under this Agreement without the prior written consent of Clayton Early Learning which consent may be withheld in the absolute discretion of Clayton Early Learning. In the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between Clayton Early Learning and such assignee or subcontractor, and the Contractor herein named shall remain fully responsible to Clayton Early Learning according to the terms of this Agreement. 12. TERMINATION: A. By Clayton Early Learning. Clayton Early Learning may terminate this Agreement at any time for substantial breach by the contractor, including but not limited to Contractor failure to meet its obligations herein, the exhibits hereto, or applicable laws, that has not been corrected within thirty (34) days of Clayton Early Learning's written notice to do so identifying the breach. Clayton Early Learning may further terminate this agreement upon sixty (50) days written notice for the convenience of Clayton Early Learning or if the Grant is suspended or terminated, in whole in part, by HHS. Clayton Early Learning may also by written Notice of Default to Contractor immediately terminate the whole or part of this Agreement in the event Contractor or any of its officers or employees are arrested and/or convicted of sexual assault, child abuse or endangerment, neglect of a child, or child sexual assault. Clayton Early Learning may also by written Notice of Default to Contractor terminate the whole or part of this Agreement in the event Contractor or any of its officers or employees are convicted or found liable, plead nolo contendre, enter into a formal agreement in which they admit guilt or liability, enter a plea of guilty, or otherwise admit culpability or liability for crimes of violence, assault, battery, bribery, kickbacks, collusive bidding, bid -rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature, in connection with Contractor's business. If the Contractor's services are terminated, it shall be paid only for that portion of services satisfactorily completed in 4 accordance with this Agreement at the time of notice of such action. Contractor shall timely notify Clayton Early Learning in writing if any employee, agent or contractor of Contractor is arrested and/or convicted or found liable, pleads nolo contendre, enters into a formal agreement in which the person admits guilt or liability, enters a plea of guilty, or otherwise admits culpability or liability for crimes of violence, sexual assault, assault, battery, child abuse or endangerment, neglect of a child, child sexual assault, bribery, kickbacks, collusive bidding, bid - rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature, in connection with Contractor's business. B. By the Contractor. The Contractor may terminate this Agreement for substantial breach by Clayton Early Learning, including the failure to compensate Contractor timely for services performed under this Agreement, that has not been corrected within thirty (34) days of Contractor's written notice to do so identifying the breach including but not limited to Clayton Early Learning failure to meet its obligations herein. If additional conditions are lawfully applied by HHS to the Grant and upon Clayton Early Learning, and the Contractor is unable or unwilling to comply with such additional conditions, then the Contractor may terminate this Agreement by giving thirty (30) days written notice signifying the effective date of termination. In such event, Clayton Early Learning may require the Contractor to ensure that adequate arrangements have been made for the transfer of Contractor's activities to another Contractor or to Clayton Early Learning. In the event of any termination, all property and finished or unfinished documents, data, studies, reports purchased or prepared by the Contractor under this Agreement shall be disposed of according to HHS directives. Notwithstanding any other provision contained herein, neither party shall be relieved of liability to the other for damages sustained by virtue of any breach of the contract by either party. C. In the event that this Agreement is terminated prior to the expiration date specified in above, Contractor shall submit any and all outstanding reports or requested information within forty-five (45) days of the date of early termination. 13. EXAMINATION OF CONTRACTOR RECORDS: The Contractor agrees that any duly authorized representative of Clayton Early Learning or authorized agent of State or Federal Government shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any books, documents, papers and records of the Contractor, involving transactions related to this Agreement. 11 The Contractor shall keep true and complete records of all services under this Agreement, shall establish and maintain a system of record keeping satisfactory to Clayton Early Learning and give Clayton Early Learning's authorized representatives access during reasonable hours to such records, except those matters required to be kept confidential by law. 14. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any action by Clayton Early Learning hereunder constitute or be construed to be a waiver by Clayton Early Learning of any breach of covenant or default which may then exist on the part of the Contractor, and Clayton Early Learning's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to Clayton Early Learning with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. 15. INSURANCE; Within ten (10) days of the execution of this Agreement, the Contractor shall cause to be completed and fully executed a CERTIFICATE OF INSURANCE. The certificate shall include property, workers' compensation, general liability, automobile liability (including non -ownership and hired vehicles) and property damage insurance satisfactory to Clayton Early Learning and in compliance with the law. The certificate shall carry the provision that the insurance shall not be canceled or reduced without prior notice to Clayton Early Learning, Trustee, George W. Clayton Trust. All insurance required by this paragraph of the contract shall remain in full force and effect for the entire contract period, and Clayton Early Learning shall be named as an additional insured under such insurance contracts, which shall contain a stipulation that the insurance provided shall not be terminated, lapse or otherwise expire, prior to thirty (30) days written notice to that effect. The minimum limits of liability coverage shall be as follows: A. Comprehensive general liability, including premises and operations: products liability including completed operations coverage; and contractual liability for this contract. Limits: $1,000,000/2,000DOO B. Property insurance with coverage to protect all buildings and contents per insurance requirements and reported Statement of Values. C. Comprehensive automobile liability, including all owned automobiles, non -owned automobiles; hired car coverage. Limits $1,000,000 7 D. Workers compensation, including employer's liability. Limits: Statutory Employer's Liability $100,000 E. Eagle County will require its subcontractor, The Family Learning Center, to include Clayton Early Learning as an additional insured on its student accident coverage insurance, with a minimum coverage of $10,000 per student and its general liability and abuse and molestation coverage, with a minimum coverage of $1,000,0001$2,000,000. The Contractor shall include all subcontractors performing work under this agreement as insureds under each required policy or shall furnish a separate certificate of insurance to each subcontractor. All coverages for subcontractors are subject to the requirements set forth in the certificate or stated herein. The Contractor agrees to ensure that each subcontractor performing work under this Agreement maintains the required coverages for the periods specified and that each subcontractor complies with all other insurance requirements set forth in the certificate or stated herein. The Contractor and its subcontractor shall keep in effect professional errors and omissions insurance coverage for at least five (S) years after the termination date of this Agreement. Insurance coverage specified therein constitutes the minimum requirements and those requirements do not lessen or limit the liability of the Contractor under this Agreement. The Contractor shall obtain, at its own expense, any additional kinds and amounts of insurance that it may deem necessary. The insurance requirements above shall not be deemed to limit or define the obligations of the Contractor and it is solely responsible for payment of any deductibles. If required by applicable federal law, the Contractor shall obtain and keep in force during the term of this Agreement a fidelity bond, in form and surety acceptable to Clayton Early Learning, conditioned upon the faithful and honest utilization and handling by the Contractor's employees, agents and subcontractors of all monies paid to the Contractor by Clayton Early Learning pursuant to this Agreement, said bond to protect Clayton Early Learning against any malfeasance or misfeasance with respect to such funds on the part of such persons or entities. Any determination made by Contractor that such bond is not required by applicable federal law shall be authorized in writing by all appropriate federal officials. 16. COLORADO GOVERNMENTAL IMMUNITY: The parties hereto understand and agree that Contractor is relying on, and does not waiver or intend to waive by an provision of this Agreement, the monetary limitations or rights, immunities and protections 8 provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to Contractor, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. 17. DISPUTE RESOLUTION: In the event of a dispute concerning the obligations arising under this agreement or the interpretation of the provisions of this agreement, the parties agree that they shall attempt to resolve any such dispute as quickly as possible. In order to do so, the parties agree they shall pick a mutually acceptable mediator to help resolve any dispute prior to litigation or formal action. If the parties cannot agree to a mediator, each shall designate a mediator of its choice and the two selected shall then designate a neutral mediator to help resolve the dispute between the parties. Nothing in this section, however, shall deprive either party of all legal rights and claims arising from the agreement. 18. LICENSES: The Contractor shall obtain and maintain any and all required and appropriate licenses, certifications, approvals, etc. to properly provide the services covered under this agreement. Additionally, all employees of the Contractor performing services under this Agreement shall hold the required licenses or certifications, if any, to perform their responsibility. Any revocation, withdrawal or non -renewal of necessary license, certification, approval, etc. of the Contractor required to properly perform this Agreement, shall be grounds for termination of this contract. Any revocation, withdrawal or non -renewal of a license of one of the Contractor's employees shall be grounds for termination or immediate reassignment of the employee as warranted, not for termination of the contract unless the Contractor does not promptly replace the employee in question. Clayton Early Learning reserves the right to require the Contractor to cease or suspend program operations at any time if Clayton Early Learning determines that a danger exists to the health, safety or well-being to the children enrolled in the program. 19. LAWSUITS: The Contractor shall report in writing to Clayton Early Learning within seven (7) days of the date upon which any legal action or proceeding connected with or related to this Agreement is initiated by or brought against the Contractor. 20. AGREEMENT AS COMPLETE INTEGRATION -AMENDMENTS: This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the parties. This Agreement and any amendments shall be binding upon the parties, their successors and assignees. 21. GOVERNING LAW, VENUE: Each and every term, condition, or covenant herein is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable federal law, and the ordinances, regulations, and Executive Orders enacted and promulgated pursuant thereto. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, that is not resolved through mediation as contemplated by the Dispute Resolution provision of this Agreement shall be litigated in Colorado. 22. LEGAL AUTHORITY: A. The Contractor assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of the Contractor do hereby warrant and guarantee that he/she or they have been fully authorized by the Contractor to execute this Agreement on behalf of the Contractor and to validly and legally bind the Contractor to all the terms, performances and provisions herein set forth. Clayton Early Learning shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of either the Contractor or the person signing the Agreement to enter into this Agreement. Clayton Early Learning shall not be obligated to pay the Contractor for any performance of the provisions of this Agreement after Clayton Early Learning has suspended or terminated this Agreement as provided in this Article. 23. NO THIRD PARTY BENEFICIARY: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to Clayton Early Learning and the Contractor, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreements, including but not limited to subcontractors, subconsultants and suppliers. It is the express intention of Clayton Early Learning and the Contractor that any person other than Clayton Early Learning or the Contractor receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. M] 24. PARAGRAPH HEADINGS: The captions and headings set forth herein are for convenience of reference only, and shall not be construed so as to define or limit the terms and provisions hereof. 25. SEVERABILITY; It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 25. TIME IS OF THE ESSENCE; The parties agree that in the performance of the terms, conditions, and requirements of this Agreement by the Contractor, time is of the essence. 27. CONFIDENTIALITY: The Contractor shall observe and abide by, and shall cause its Subcontractors to observe and abide by, all applicable Federal, State and local laws governing the use or disclosure of confidential information concerning Clayton Early Learning's Early Head Start Program. 28. COUNTERPARTS OF THIS AGREEMENT; This Agreement shall be executed in two (2) counterparts, each of which shall be deemed to be an original of this Agreement. 11 Remainder of Page Intentionally Left Blank 11 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLAYTON EARLY LEARNING, TRUSTEE OF THE GEORGE W. CLAYTON TRUST Charlotte M. Brantley, President and CEO "Clayton Early Learning" COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Jillian H. Ryan, Chair Attest: By: Regina O'Brien, Clerk to the Board 12 EXHIBIT A SCOPE OF SERVICES THE PURPOSE of this agreement is to expand collaborative community efforts in which to provide a high quality early childhood program to Early Head Start eligible children and their families. Quality programming is demonstrated by developmentally appropriate practice, state licensure, Colorado Shines Ratings, and compliance with Head Start Program Performance Standards (HSPPS). The second purpose is to provide comprehensive services to families and create partnerships that support the development of skills leading to positive parent/child relationships, involvement in their child's education and long-term success, and self-sufficiency. BACKGROUND: Clayton Early Learning, Trustee, George W. Clayton Trust (hereinafter, "Clayton Early Learning") provides research and evidence -based early childhood education through a comprehensive early learning program for pregnant women and families with infants and toddlers who are at -risk for school failure. Clayton provides services based on what each child needs to develop trust, security, independence and initiative. This commitment to the health and well-being of each child extends to the child's family and caregivers and is designed to build strong parent/child relationships, promote parent involvement and support families in stimulating their child's learning. The delivery of services is based on the Head Start Act, and the rules and regulations promulgated in the Head Start Performance Standards, which advance best practices for pregnant women, infants, toddlers and their families. Eagle County Early Head Start (hereinafter, "The Contractor") provides services to children prenatal to age 3 who are law income and at risk for school failure. Eagle County Early Had Start is focused on promoting and providing services that enhance the well-being of staff and families in Early Head Start, building health resources for children and families and maximizing the safety and stability of the program, parents, and families they work with. This agreement provides for delivery of early learning services in a design that is bath integrated and responsive to family needs. ROLES AND RESPONSIBILITIES: Each program mutually agrees to perform activities as follows: 6Y THE CONTRACTOR: A. Provide ten (1 Q) full-day slats in up to six (5) infant/toddler roams ($ children max per classroom) to Early Head Start children at the Family Learning Center. B. Ensure that supervisory staff become familiar with HSPPS and monitor staff compliance with the standards. CONTRACTOR Early Head Start Exhibit A 2616-2617 1 C. Initiate a discussion of proposed changes in service delivery with Clayton Early Learning director, Community Partnerships or Community Partnerships Specialist prior to and no later than two weeks in advance of implementing such changes. This includes, but is not limited to, Early Head Start classroom staffing, rosters, ratios, or physical space. D. Establish and maintain an organizational system that adequately supports the program and complies with HSPPS. E. Conduct and/or ensure Criminal Record Checks and initial health exams to include screening for tuberculosis are conducted on Early Head Start staff prior to employment. Conduct health re-examination and tuberculosis screening every two years for Early Head Start. F. Using a trans -disciplinary approach, participate with Clayton Early Learning in planning for services to include: needs assessment, development of common goals, full -year program design, creating and implementing individualized partnership and transition plans for children and their families. G. Support and participate in continuous improvement and self-assessment activities, training, reporting and monitoring processes. H. Ensure educational services meet HSPPS and state regulations to include: 1. Meet HSPPS and Clayton Early Learning (see definitions, Exhibit 8) relative to teacher training, credentials, qualifications, classroom ratios, and facilities. 2. Ensure that all facilities and classrooms comply with all applicable regulations, including state and/or local childcare licensing, to include indoor air quality and are free of hazardous materials. 3. Ensure the educational environment is developmentally and linguistically appropriate, recognizing that children have individual rates of development as well as individual interests, temperaments, cultural backgrounds, and learning styles. 4. Ensure that the education environment supports the development of all children's social/emotional, cognitive, language, and motor skills. 5. Implement a research -based curriculum, aligned to Colorado Early Learning and Development Guidelines to support teachers in applying advanced developmental concepts to their daily interactions with children. 6. Involve parents in the development of the individual child's curriculum plan to include staff -parent conferences, teacher home visits and opportunities for observations. 7. Provide ITERS scores and Colorado Shines Rating Level as available. B. Provide periodic child outcome data such as TSGOLD© checkpoint, snap shot and growth reports. CONTRACTOR Early Head Start Exhibit A 2616-2017 2 9. Develop and implement staff professional development plans. Conduct annual staff performance evaluations. 10. Communicate regularly and seek guidance, as needed, from the Clayton Early Learning Community Mentor/Coach regarding educational services. I. Ensure professional development, coaching and supervision for all teachers with emphasis on continuity of care and relational learning that supports children and their families and fosters school readiness. J. Deliver nutritional services in accordance with USDA guidelines and all applicable nutrition standards to include. 1. Provide copies of CACFP monitoring reports to Clayton Early Learning. 2. Provide quarterly CACFPIUSDA reimbursement reports to Clayton Early Learning within one weeks of quarter end date. 3. Safe handling procedures for bottle warming and human milk storage must meet HSPPS, USDA and state regulations. K. Provide Family Services to all EHS-CC enrolled families to include: 1. A family worker not to exceed one worker for every 24 enrolled children. 2. A minimum of two home visits for each enrolled child per year. 3. Policy council participation. 4. Participate in the process of implementing family goals and classroom visits. 5. Provide family/parent meetings. 6. Communicate regularly and seek guidance, as needed, from the Clayton Early Learning Community Partnership Specialist regarding family services. L. Ensure Eligibility, Recruitment, Selection, Enrollment and Attendance (ERSEA) procedures meet HSPPS to include: 1. Recruitment and enrollment (including maintaining a wait list of families interested in Early Head Start services). 2. Share information from the wait list and pre -applications with Clayton Early Learning. 3. Maintain full enrollment. 4. Ensure children retain services regardless of their subsidy status. 5. Develop monthly ERSEA reports and provide copies to Clayton Eady Learning. 6. Communicate regularly and seek guidance, as needed, from the Clayton Early Learning Ccmmunity Partnership Specialist regarding ERSEA services. M. Support the comprehensive health services component. 1. Track children's screenings. 2. Maintain a health services tracking system including children's re -screenings. 3. Obtain results for or provide sensory and dental screenings. 4. Provide initial screenings. CONTRACTOR Early Head Start Exhibit A 2616-2617 3 5. Plan and work together to implement delivery of services. N. Provide diapers for all Early Head Start children during school hours. Diapering practices and policies must meet Head Start Performance Standards and Colorado licensing standards. D. Ensure in-kind financial reporting meets HSPPS to include: 1. Provide quarterly financial reporting to Clayton Early Learning for in-kind within two weeks of quarter end date. P. Establish and maintain a communication link with Clayton Early Learning in the delivery of comprehensive services including the following areas: 1. Nutrition, health, oral health and safety issues in the classroom. 2. Fiscal processes as necessary. 3. Early intervention and mental health services and supports. 4. Communicate regularly and seek guidance, as needed, from the Clayton Early Learning Community Comprehensive Services Specialist regarding comprehensive services. Q. Conduct annual community and self -assessments to ensure services that are responsive to community needs and identify opportunities for continuous improvement. BY CLAYTON EARLY LEARNING: A. Provide resources and financial support per the Agreement. Additional fiscal resources may be made available dependent upon funds and at the discretion of Clayton Early Learning. B. Support the Contractor to assess its strengths and needs in relation to meeting HSPPS and develop an implementation plan. C. Monitor the Contractor's organizational system to ensure it adequately supports the program and complies with HSPPS. D. Using a trans -disciplinary approach, participate with the Contractor in planning for services to ensure the Contractor meets HSPSS by July 30, 2016 to include: needs assessment, development of common goals, full -year program design, creating and implementing individualized partnership and transition plans for children and their families. E. Support comprehensive services (health, mental health, oral health, nutrition, education, and family engagement services) to include interpretation and clarification of HSPPS. F. Conduct monitoring visits twice a year, or more frequently if it is determined necessary to ensure the physical environment and facilities meet all HSPPS, including requirements for square footage, health and safety, appropriate crib and sleep spacing and arrangement of facilities. CONTRACTOR Early Head Start Exhibit A 2616-2017 4 G. Support family and community partnership services to include interpretation and clarification of HSPPS. H. Engage families/parents in policy council and/or parent committee. I. Provide consultation and/or technical assistance for professional development needs. J. Support the comprehensive health services component. 1. Provide consultation with the Contractor to assess health and safety issues in each classroom and/or center. 2. Sustain a Health Services Advisory Committee. 3. Monitor health services tracking system. 4. Notify the Early Head Start Director of children's preventive health care requirements. 5. Plan and work together to implement delivery of services. K. Monitor nutritional services utilizing CACFP monitoring reports and periodic on-site visits, if necessary. Work with the Contractor to ensure for an effective, efficient, and accountable mechanism for monitoring food service compliance with all state and federal nutrition standards and Head Start Performance Standards. L. In collaboration with the Contractor, develop action plans based on analysis of annual community and self -assessments to ensure services that are responsive to community needs and identify opportunities for continuous improvement. M. Establish and maintain a communication link with the Contractor in the delivery of comprehensive services including the following areas: 1. Recruitment, enrollment and attendance. 2. Nutrition, health, and safety issues in the classroom. 3. Fiscal processes upon request. 4. Early interventions services and supports. 5. Family services. INFORMATION SHARING: A. Clayton Early Learning will maintain documentation of service delivery and share such documentation with the Contractor upon request. B. Clayton Early Learning and the Contractor agree to abide by confidentiality guidelines as outlined in HSPPS. C. Contractor will provide qualifications and credentials of Early Head Start staff to Clayton Early Learning. D. Contractor will provide professional development plans of any staff who are working towards becoming qualified to teach in an Early Head Start classroom. CONTRACTOR Early Head Start Exhibit A 2016-2617 5 E. Contractor will provide copies to Clayton Early Learning of all applicable licenses, permits, credentials and authority required to provide services under this Agreement. QUALITY MANAGEMENT: Clayton Early Learning and the Contractor's administrative staff will meet monthly to assess the effectiveness of this Agreement. The purpose of the discussion will be to identify what is working well in the organizational relationship, what could be working better, what lessons had been learned, and plan for the future. Additionally, progress toward meeting established goals will be evaluated and goals modified accordingly. ORGANIZATIONAL CONTACTS: Clayton Early Learning Contact Person: CONTRACTOR Contact Person: Paula Smith CONTRACTOR Early Head Start Exhibit A 2616-2617 6 EXIMT B EAGLE COUNTY AND CLAYTON EARLY LEARNING REPORTING AND MONITORING SCHEDULE AND DEFINITIONS Month Documents needed Due Date Responsible Part SeptAttendance Report September 5` Contractor Comprehensive Services Report (to include enrollment, September 5` Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates Dental, vision, PE's) Calendar for 2016-2017 Contact Das September 5 Contractor Ongoing Assessment Checkpoint Copies (i.e. TS September 5 Contractor GOLD(D) Copies of 1"` Teacher Horne Visit September 30P Contractor Community Served Statement — Statement of clear September 36 Contractor differentiation of community served by Early Head Start Classrooms (to include geographic boundaries, demographic targeted, age requirements, partners, number of classes, etc.) Personnel Report -(to include date of hire, background September 30` Contractor checks and dates, physical health exam date, current salary, last increase date, most recent performance appraisal date and teaching credentials for new hires) Professional Development Los September 30 Contractor Certificate of insurance form designating appropriate September 30P Contractor insurance coverage and naming Clayton Early Learning, Trustee, George W. Clayton Trust and City as additional insureds Pedestrian Safety - Report indicating safety training was September 30`x' Contractor completed or within 45 days of employment and annually Oct Head Start Health and Safety Checklist (45 days) October 1'4 Contractor Attendance Report October 5"' Comprehensive Services Report (to include enrollment. October 5"' Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Lags On file at site Contractor • Daily Health/Safety Checklists • Health Updates (Dental, vision, PE's) Monitoring Site Visit TBD(weather Clayton Team permitting) Quarterly Non -Federal Share Report October 31" Contractor USDA Reimbursement and CACFP Monitoring - Report October 31 ti` Contractor of reimbursement from USDA for Head Start children Teacher Classroom Assignments, copies of current October 31 Contractor Teacher qualifications and credentials Classroom Rosters October 31 ti` Contractor Copies of make-up Teacher Home Visits October 31 ti` Contractor Professional development Los October 31 ti` Contractor Floor Plans October 31 ti` Contractor N Attendance Report November 5"' Contractor Comprehensive Services Report (to include enrollment, November 5"' Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor Fier. 8/1/16 Month Documents needed Due Date Responsible Part • Daily Health/Safety Checklists • Health Updates (Dental, vision, PE's) Ongoing Assessment Fag Checkpoint Copies (i.e. TS November 30 Contractor GOLD©] Make-up Monitoring Site Visit TBD (weather Contractor permitting) Monitoring action plans outlining strengths, Ongoing and as Clayton and recommendations, and action steps for improvement with requested Contractor due dates and completion dates Copies of 1"` Parent/Teacher Conferences November 30 Contractor Professional Development Attendance Los November 30th Contractor Dee Attendance Report December. 5 Contractor Comprehensive Services Report (to include enrollment, December. 5 Contractor health, disabilities, screenings 45 days and 90 days etc...) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates (Dental, vision, PE's) Personnel Report -(to include date of hire, background December 19`x' Contractor checks and dates, physical health exam date, current salary, last increase date, most recent performance appraisal date and teaching credentials for new hires) Copies of make-up 1" Parent/Teacher Conferences December 19" Professional Development Attendance Logs December 19` Contractor Most recent Single Audit Report including management December 1" or Contractor letter and corrective actions if applicable 120 days after the end of fiscal audit Jan Attendance Report January 5 Contractor Comprehensive Services Report (to include enrollment, January 5 thContractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates (Dental, vision, PE's) USDA Reimbursement and CACFP Monitoring - Report January 17`x' Contractor of reimbursement from USDA for Head Start children Quarterly Non -Federal Share Report January 17t' Contractor Professional Development Logs Feb Attendance Report February 5t' Contractor Comprehensive Services Report (to include enrollment, February 5t' Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates (Dental, vision, PE's) Ongoing Assessment Winter Checkpoint Copies (i.e. TS February 28 Contractor GOLD©) Copies of 2d Teacher Home Visits February 28 Contractor Professional Development Los February 28` Contractor March Attendance Report March 5 Contractor Comprehensive Services Report (to include enrollment, March 5` Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates Rev. 8/1/16 Month Documents needed Due Date Responsible Part Personnel Report -(to include date of hire, background March 24 Contractor checks and dates, physical health exam date, current salary, last increase date, most recent performance appraisal date and teaching credentials for new hires) Copies of make-up 2" Teacher Horne Visit March 24 Contractor Monitoring Site Visit TBD (weather Clayton Team permitting) Professional Development Los March Contractor April Attendance Report Aril 5 th Contractor Comprehensive Services Report (to include enrollment, April 5 Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Lags On file at site Contractor • Daily Health/Safety Checklists • Health Updates Make-up Monitoring Site Visits TBD Clayton Team Monitoring action plans outlining strengths, Ongoing and as Clayton and recommendations, and action steps for improvement with requested Contractor due dates and completion dates Quarter/ Non -Federal Share Report April 30 Contractor USDA Reimbursement and CACFP Monitoring - Report April 30 Contractor of reimbursement from USDA for Head Start children Professional development Attendance Los April 30 Contractor May Attendance Report May 5 th Contractor Comprehensive Services Report (to include enrollment, May 5 Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates Child Outcome Data May 5`" and/or Contractor As requested Continuation Grant Information May 5`" and/or Contractor As requested Copies of 2nd Parent/Teacher Conferences May 31't Contractor Ongoing Assessment Spring Checkpoint Copies (i.e. TS May 31ti` Contractor GOLD©) Professional development Attendance Los May 31't Contractor June Attendance Report June 5`' Contractor Comprehensive Services Report (to include enrollment. June 5`' Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists • Health Updates Monitoring Site Visit TBD Clayton Team Personnel Report -(to include date of hire, background June 36 Contractor checks and dates, physical health exam date, current salary, last increase date, most recent performance appraisal date and teaching credentials for new hires) Copies of make-up 2 Id Parent/Teacher Conferences June 30 Contractor Professional development Attendance Los June 30 Contractor AmAttendance Report Jul 6 Contractor Comprehensive Services Report (to include enrollment, July 6 Contractor health, disabilities, screenings 45 days and 90 days etc.) • Daily Tooth Brushing Logs On file at site Contractor • Daily Health/Safety Checklists Rev. 8/1/16 Month Documents needed Due Date Responsible Part • Health Updates Futons - Licensing Waiver for Futons if purchased Within 2 weeks of receipt Contractor Program Information Report (PIR) Data TBD Clayton and Contractor Monitoring action plans outlining strengths, recommendations, and action steps for improvement with due dates and completion dates Ongoing and as requested Clayton and Contractor Quarterly Non -Federal Share Report July 21 ti` Contractor USDA Reimbursement and CACFP Monitoring - Report of reimbursement from USDA for Head Start children July 21' Contractor Professional development Attendance Los July 31 ti` Contractor AugAttendance Report August 5"' Contractor Comprehensive Services Report (to include enrollment, health, disabilities, screenings 45 days and 90 days etc.) August 5"' Contractor • Daily Tooth Brushing Logs • Daily Health/Safety Checklists • Health Updates On file at site Contractor Calendar for 2017-2018 Contact Das August 31st Contractor Ongoing Assessment Summer Checkpoint Copies (i.e. TS GOLD(D] August 3151 Contractor Inventory - Listing of equipment purchased with Head Start funds in excess of $5,000 August 31 ti` Contractor F:::�Make—up Monitoring sit visit TBD Clayton Team Professional development Attendance Los August 31" Contractor Rev. 8/1/16 Clayton Early Learning Definition of Reporting Documents Action plans- Action plans or corrective action that may be required within 30 days or designated deadline to include actions taken, progress and resources needed ASQ- developmental screening required for 0-3 year olds within 45 days of enrollment. Attendance- Monthly report of each child's daily attendance Certificate of insurance- Certificate of insurance that designates appropriate insurance coverage and naming Clayton Early Learning, Trustee, George W. Clayton Trust and City and County as additional insureds, as indicated in the formal agreement. Certificate of Occupancy- Certificate that indicates contractors have followed required legal protocol; to operate a facility. Classroom Roster- List of enrolled children for each classroom serving Head Start children. Community Served Statement- Statement that identifies the demographic information of the population severed such as child age, targeted demographic information, and geographic boundaries. Comprehensive Services Report- Health updates -hearing, vision, dental, disability status, CCCAP and mental health information. Daily Health and Safety Checklist- - daily Health/Safety Checklists include classroom, food temperature, playground, fire safety, toileting accident report, etc. Daily tooth brushing logs- daily log of tooth brushing or gum wiping activity for each classroom and child in the Early Head Start or Head Start program. DECA/DECA IT/ASQ SE- Social -Emotional screening required within 45 days of enrollment. Enrollment- A list of enrolled children that show each classroom maintains full enrollment. ESI- developmental screening required for 3-5 year olds within 45 days of enrollment. Floor Plans: Show the square footage per classroom the ensure 35 square footage for each child and meet H5 performance standards and licensing requirements. Health, Safety, and Nutrition Monitoring Visit -The Head Start Health and Safety Checklist protocol will be completed by Clayton Early Learning for each classroom. Inventory- Listing of equipment purchased with Head Start funds in excess of $5,000 Non -Federal Share- That portion of the total costs of the program provided by the grantee agency in the form of in-kind donations or cash match received from third parties or contributed by the agency. In - Rev. 8/1/16 kind contributions must be provided and cash expended during the project period along with Federal funds to satisfy the matching requirements. Ongoing Assessments (TS GOLD)- Site data with growth and snapshot reports and individual child checkpoint information for all children after each checkpoint (fall, winter and spring) enrolled in the EHS or HS program Parent/Teacher conference- Form that documents completion of conference including assessment results, data, parent involvement, progress, and goal setting for each child. Pedestrian Safety- Summary report and sign in sheet indicating safety training was completed. Personnel Report- New, current and updated information on staff and teachers supporting EHS partnerships, including name, assigned classroom, salaries, date of background check, health exam, performance review, and teaching credentials and any status changes in personnel. Professional Development Attendance- Sign in sheet of professional development and training staff receive th ro ugho ut t he year. Professional Development Plans- A formal professional development plan should be completed and submitted for any staff member that does not meet the Early Head Start or Head Start teacher qualifications. Program Information Report Data- data included in the Head Start Program Information Report. Single Audit Report- Single audit report for previous fiscal year, including management letter, corrective measures and A-133 reporting Teacher Homevisit- Form that shows home visit was completed including progress and goal setting for school readiness for each child Teacher Qualifications- Based on the guidance from the Administration for Children and Families, Clayton Early Learning will require the following: Early Head Start Teachers- A current Infant/Toddler CdA or a State of Colorado Early Childhood Teacher Letter, meeting one of the options of A-E which meet or exceed the requirements of the CdA. The state letter requires an application through the department of Human Service, division of Child Care. If the state letter is used as an alternative to the CdA for a staff member, there must be documentation of either EQIT training or ECE 111 and ECE 112 to meet the requirement for "content explicitly related to the care and early education of infants and toddlers". In addition, all staff will submit copies of official transcripts for all college coursework. Head Start Teachers- A baccalaureate or advanced degree in early childhood education; or a baccalaureate or advanced degree and coursework equivalentto a major relating to early childhood education, with experience teaching preschool -age children. Rev. 8/1/16 6 USDA Reimbursement (CACFP)- Qua rte rly report of the reimbursement from USDA for Head Start children for the months in that quarter. Rev. 8/1/16