HomeMy WebLinkAboutC14-019 Roaring Fork School District AgreementAGREEMENT BETWEEN EAGLE COUNTY AND ROARING FORK SCHOOL DISTRICT (Basalt Campus Kids) This Agreement ("Agreement") dated as of this v< I day of �� 201k is between the County of Eagle, State of Colorado, a body corporate and politic, with a mailing address of 500 Broadway, Post Office Box 660, Eagle, CO 81631 ("County"), and Roaring Fork School District with a mailing address of 1405 Grand Avenue, Glenwood Springs, CO 81601 ("Contractor"). RECITALS WHEREAS, the 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, County provides various services to Eagle County residents in order to promote their health, safety and welfare; and WHEREAS, the use of outside providers enhances the ability of County to promote such health, safety and welfare; and WHEREAS, County wishes to hire Contractor to perform the services outlined in Section 1.1 hereunder; and WHEREAS, Contractor has the knowledge and expertise to perform the services hereunder; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with the services. AGREEMENT NOW THEREFORE, based upon the representations by Contractor set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of Services: 1.1 The Contractor will provide the services more particularly set forth in the attached Exhibit "A" labeled Scope of Services, Payment and Fee Schedule (hereinafter called "Contractor's Services" or "Services") incorporated herein by reference. Contractor shall also comply with the requirements set forth on Exhibit `B" the Head Start Performance Standards Checklist which is incorporated herein by reference. The Contractor's Services are generally described as providing day -time child care for up to five children enrolled in the Eagle County Early Head Start program in compliance with State child-care licensing regulations, the Head Start Performance Standards and the Head Start Act as amended December 12, 2007. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be expressly altered by an amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A", the terms and conditions of this Agreement shall control. 1.3 The Contractor agrees that Contractor will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 1.4 Contractor has given the County a proposal for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. 2. Term of Agreement: 2.1 This Agreement shall commence on January 1, 2014 and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until December 31, 2014. 2.2 This Agreement may be terminated by either party for any reason with fifteen (15) days written notice, with or without cause, and without penalty. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is immediately terminated, and all rights of Contractor and obligations of County are terminated, except payment of accrued but unpaid fees as set forth in Section 2.3 hereof. 2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all incurred costs and hours of work then satisfactorily completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Contractor's Services hereunder, Contractor acknowledges that Contractor is an independent contractor providing Contractor's services to the County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. 3.2 The Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3.3 The Contractor and its employees are not entitled to workers' compensation benefits through the County. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self-employment income, unemployment taxes and income taxes. Compensation: 4.1 For the Contractor's Services provided hereunder, County shall pay to the Contractor a fee as set forth in the attached Exhibit "A." The total compensation allowed under this Agreement shall not exceed $14,740. Contractor will not be entitled to bill at overtime and/or double time rates for work done outside normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum between the parties. 4.2 For reimbursement Contractor must submit invoices by December 15th. Invoices shall include a description of Services performed. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services. All invoices must be delivered to the following address to ensure proper payment. Eagle County Health & Human Services Attn, Early Head Start 550 Broadway P.O. Box 660 Eagle, CO 81631 4.3 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. 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 Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any work done in respect of any period after December 31st of the calendar year of the Term of this Agreement, without the written approval 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). 5. Indemnification: 5.1 Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by, the Contractor in violation of the terms and conditions of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Contractor. 5.2 Contractor acknowledges that County does not waive or intend to waive the monetary limitations, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S. § 24-10-101 et seq.), as from time to time amended or as otherwise available to County, its commissioners, officers and employees, all of which rights, immunities and protections County expressly retains. Further, the minimum insurance requirements prescribed herein shall not be deemed to limit or define the obligations of Contractor hereunder. 6. Contractor's Professional Level of Care and Additional Duties: 6.1 Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Contractor's Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors providing similar services in the area at this time. Further, in rendering its services hereunder, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) days' notice to the Contractor. 6.2 All funds received by Contractor under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide the County with progress reports upon County's request; or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit "A". 6.3 Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 6.4 Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 6.5 Contractor 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. 7. 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: CONTRACTOR: Eagle County Health & Human Services Roaring Fork School District Toni Rozanski Dr. Diana Sirko P.O. Box 660 1405 Grand Avenue Eagle, CO 81631 Glenwood Springs, CO 81601 970-328-8852 970-984-6010 8. Insurance: 8.1 At all times during the term of this Agreement Contractor shall maintain in full force and affect the following insurance: Insurance Tyne Coverage Minimums • Workers' Compensation Statutory • Employers Liability, including $500,000 Occupational Disease • Comprehensive General Liability, including $1,000,000 per occurrence or as specified Broad Form Property Damage in the Colorado Governmental Immunity Act, whichever is greater. County shall be named an additional insured. This policy shall be endorsed to include coverage for physical/sexual abuse and molestation. • Professional Liability Insurance $1,000, 99..pgr occurren.ce...... 8.2 Contractor shall purchase and maintain such insurance as required above and shall -- provide certificates of insurance in a form acceptable to County upon execution of this Agreement. Such certificates shall be attached as Exhibit "C". All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to County in the event of cancellation of coverage. 9. Non -Assignment and Subcontractors: Contractor shall not assign this Agreement or employ any subcontractor without the prior written approval of the County Representative, who is designated in Section 7 of this Agreement. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub- contractors. The Contractor shall bind each subcontractor to the terms of this Agreement. The County may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 10. Jurisdiction and Confidentiality: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 10.2 The Contractor acknowledges that, during the term of this Agreement and in the course of the Contractor rendering the Contractor's Services, the Contractor may acquire knowledge of the business operations of the County not generally known or deemed confidential. The Contractor shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information and shall retain all knowledge and information which it has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must be marked as confidential. The Contractor recognizes that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information by the County that is subject to the same 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 11.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 11.3 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. 12. Prohibitions on Public Contract for Services: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. (a) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.gov/xprevprot/programs/>c 1185221678150.shtm (c) The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (e) The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). (f) If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager By: eith P. Montag, County Manager CONTRACTOR: By: Dr. Diana Sirk Title: Superintendent, Roaring Fork School District STATE OF C D1 Q V'Ct Gi 0 ) SS. COUNTY OFC'7Qr�� [ H > The foregoing was acknowledged before me by Dr. Diana Sirko, Superintendent, Roaring Fork School District, this I Z day of�� e , 201_ My commission expires: PAMELA K. SMETAK NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20054018255 MY COMMISSION EXPIRES JUNE 5, 2017 EXHIBIT A SCOPE OF SERVICES. PAYMENT & FEE SCHEDULE Description of Services: This contract is for services provided beginning on January 1, 2014 and ending December 31, 2014. Contractor will provide child care spaces for up to five children two days a week enrolled in the Eagle County Early Head Start (EHS) program, which child care services shall comply 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. The Early Head Start program will determine the eligibility of the children to be enrolled under this agreement, inform families of eligible children of their rights, obligations, program requirements, and notify the Contractor in writing that a child is eligible. The EHS program 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 child(ren) served under this agreement's ineligibility. B. It is agreed that when or if EHS children transition out of the EHS program, that both parties will make every effort to provide a smooth transition into another early childhood program including but limited to Head Start, Colorado Preschool Program (CPP), and the Child Care Assistance Program (CLAP) . 2) Early Head Start Requirements: A. The EHS program will: 1. Share children's initial assessments with classroom teachers, with parent permission. 2. Provide 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 EHS monthly attendance records, menus, and weekly lesson plans. 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 program 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 Colorado Child Care Licensing and County and agrees that a program and facilities review including meetings with consumers, review of service records, 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 authorized by the County. B. The Contractor agrees to maintain program records required by the County and to complete an invoice on forms furnished by the County. Further, the Contractor agrees to make available its facilities/services to County's designees (staff, students, parents), for training or observation. 6) 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 (CDA) credential, and have been trained (or have equivalent coursework) in early childhood development." The CDA equivalent in Colorado consists of: a. Transcript with a minimum of the 3 EC classes (ECE 101, 111, 112) b. Early Childhood Teacher letter of qualification from the CDHS c. Level I Early Childhood Credential from the CO Office of Professional Credential d. Infant/Toddler Crosswalk detailing how the 3 classes exceed the CDA requirements 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. Contractor must provide a copy of its state license and CDA, AA, Bachelor of Arts (BA) credentials for staff qualifications per this agreement to the EHS Education Coordinator. C. Establish staff qualification goals to ensure that not later than September 30, 2013, all such teachers have been trained (or have equivalent coursework) in early childhood development with a focus on infant and toddler development. D. 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 currently recruit and hire qualified, credentialed staff, the program may, after informing the EHS Education Coordinator, 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 7) The Contractor agrees to provide childcare services to EHS program families as follows: A. Early care and education for infants and toddlers whose families are enrolled in EHS and referred by County. B. Priority placements until all potential County purchased spaces are full; County will be notified of openings prior to enrolling non-EHS children. C. Inclusion of infants and toddlers with special needs and disabilities. D. Participate in assessments to be conducted in classrooms such as, but not limited to, Teaching Strategies GOLD, the Infant/Toddler Environment Rating Scale (ITERS), Qualistar ratings, EHS ongoing monitoring, and EHS annual self-assessment. Results will be shared with Director and the 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 10 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/Home Visitor in order to address the issue. The center director should contact the EHS Education Coordinator if provision of these materials becomes an issue. It is the responsibility of the center to enforce the Policy and Procedures manual including health exclusions, pick-up and drop-off policies and procedures. G. Center Director will participate in Director and EHS Education Coordinator meetings as needed. H. The center director will contact EHS staff prior to denying services excluding health related issues. I. Teachers will participate in the development of an Individualized Family Plans (IFSP) 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 developmental goals will be filed in the child's portfolio at the child care site and in the child's chart maintained by the EHS program. J. Teachers will complete individual portfolio files for each child per Teaching Strategies GOLD online system. 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. K. Allow County staff access to childcare sites during hours of operation. This includes the Mental Health Coordinator, Family Advocates/Home Visitors, and Education Coordinator who will conduct classroom observations and or trainings. L. Notify County of planned transitions and develop a transition plan with each family. M. Program must provide primary caregiving to children enrolled in Early Head Start. N. Share menus, health and safety checklist, and lesson plans with EHS as completed. Make changes to menus based on recommendations from a Registered Dietician provided by EHS. O. Provide snacks and meals to the children served under this agreement and are enrolled for USDA reimbursement. Program is responsible to submit receipts and documentation to USDA. P. Provide a copy of current child care license(s) to the EHS Director for the childcare facility in this agreement. Q. Provide EHS with a copy of the Notice of Survey Findings from every health department visit to Basalt Campus Kids. R. Provide EHS with copies of educational credentials for all staff members. S. Provide EHS 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. All information regarding children and families must be kept confidential. V. Contractor must identify a curriculum to be used in each classroom and inform EHS 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 safety. 11 X. Contractor shall work cooperatively with the Coaching and Consultation program as funds allow in the infant and toddler classrooms. Y. Contractor shall invoice Child Care Assistance Program 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 Early Childhood Learning 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 to Contractor for two full time spaces up to $780/month per space for an amount not to exceed $14,040. County will only compensate Contractor for spaces being reserved for County during each month that the program is in operation and fees will be prorated if services only provided for a partial month. Contractor must submit invoice for payment no later than December 15`h, 2014. 2. County will compensate Contractor for the purchase of supplies recommended to support compliance of Performance Standards. County may provide funding for Contractor's staff training and/or development including tuition to vocational technical schools, community colleges and universities for staff training as identified in the training and technical assistant plan. Expenses for supplies and training may not exceed $500 for training and tuition, and $200 for supplies. Receipts must accompany invoice for reimbursement. 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 4.2 of the Agreement. In no case will EHS make payment for a child care slot when Basalt Campus Kids director does not contact EHS staff prior to suspending services, excluding health related issues. Maximum compensation under this contract shall not exceed $14,740. 12 EXHIBIT B Head Start Performance Standards Checklist BLENDING THE STANDARDS FOR A HEAD START The following checklist lists the Head Start Performance Standards as they relate to centers providing direct services to children in the Early Head Start program. Some standards are also Colorado Regulations for Licensing Childcare Centers. The highest standard of the two must be adhered to. CHECKLIST FOR FACILITIES (1304.53) 1. Safe, clean attractive and spacious A. Soft areas B. Open areas for movement C. Clearly defined activities areas(centers) D. Toys and materials are accessible to children on low shelves E. A variety of surfaces outdoors F. Areas for sun and shade play G. A variety of physical activities for outdoors H. Outdoor activities for individual and group 2. Appropriate areas for all program activities such as: A. Food preparation B. Resting and napping areas 3. Classroom arrangement to promote spaces for centers, provide for interaction and prevent running 4. Infants and toddlers must be separate from walkways and areas used by preschoolers 5. A.35 square feet of usable indoor space per child B. 75 square feet of usable outdoor space per child 6. Facilities must meet all state licensing requirements 7. Provides for maintenance, repair, safety and security of facilities, materials and equipment A. Weekly check of all toys and equipment B. Remove or replace all broken toys and equipment immediately C. Play areas are safe i.e. no broken glass, sharp objects, standing water, etc. D. Monitor entry into the building E. Daily cleaning of indoor and outdoor areas F. Check for conditions that present hazards to children, plumbing, electrical, or structural G. If facility is owned by another party, define the landlord responsibilities for maintenance and responsibilities 8. Ensure the facility is free of toxins A. Prohibit the use of tobacco, alcohol, and illegal drugs in center B. Pesticides applied by a licensed exterminator C. Remove children from areas being exterminated and ensure that children cannot touch or mouth surfaces that have been sprayed D. Inspection and removal of any environmental health hazards only 13 by certified or licensed contractors Outdoor play areas will be safe A. Areas will be fenced preventing exit of children from premises B. Children will be buckled into strollers and seats, and will be supervised at all times C. Outdoor play is fully supervised at all times Ensure that physical environments are consistent with the health, safety, and developmental needs of the children A. Heating and cooling systems are safe and effective at all times B. No flammable furnishings, materials, or equipment C. Dangerous materials and potential poisons are stored in locked cabinets D. All medications (including those required by staff and volunteers) are labeled, stored under lock and key, and kept out of the reach of children E. Rooms are well lit and provide emergency lighting i.e. Flashlights F. Working fire extinguishers are in accessible locations and staff is trained on their use G. Appropriate number of smoke detectors are installed and tested regularly H. Exits are clearly visible and evacuation routes are marked and posted I. Indoor and outdoor premises are cleaned regularly J. Paint coatings do not contain lead K. Minimizing the possibility of injury by: daily inspection of playground equipment L. Situate equipment so that proper clearance space is available M. Electrical outlets are safety proofed N. Windows and glass doors are adapted to prevent injury to children 0. Only approved sources of water are used P. Toilets and hand washing facilities are adequately clean and in good repair and can be reached by children. Q. Toilet and diapering areas are separate from food service and other activities R, Hand washing sink is adjacent to diapering table S. Clean and sanitized toilet training equipment is available for children T. Garbage and trash are stored away from children in closed containers and emptied regularly U. Adequate provisions are made for children with disabilities by, having an accessible environment, accommodations for special diets, emergency plans and appropriate space V. Provide a variety of equipment, furniture, and toys that can impact the children in the program, that is safe and durable W. Materials are chosen that are developmentally appropriate for all areas of learning X. Rotate toys to provide a variety and new experiences Y. Provide equipment that demonstrate: gender, family, race, language, and culture Z. Materials and equipment are inviting for play, child sized and allow children to make choices Each infant is to have their own crib 14 AA. Walkers are not to be used BB. Supervision is given at all times CC. Provide safe, durable storage, low shelves for children's activities and high shelves for adult items DD. Toys must be made of non-toxic materials and must be sanitized regularly EE. Non-mobile infants should sleep in their own crib on a firm mattress on their back, avoiding the use of fluffy blankets and other soft materials FF. Maintain a smoke-free environment II. Avoiding overdressing infants during play or sleep A. Burping infants during and after feedings, and before they are put to sleep. CHECKLIST FOR CHILD HEALTH AND SAFETY (1304.22) 1. Ratios and group size are maintained consistently A. Children under the age of 36 months will be in a classroom with no more than eight children and two teachers, or a 4:1 ratio 2. Emergency plans are made and posted in clear sight, including first aid procedures and emergency phone numbers 3. Emergency contact list for each child including: names and phone numbers of parents, emergency contact person, child's primary health care professional, immunizations, allergies and parent's written consent for emergency care 2. Posted emergency evacuation plans A. 2 planned exit routes B. Unannounced drills, recording the drills and the time it took to evacuate 3. In event of accident or injury to a child, inform family and document the injury on an incident form 4. Have a procedure for handling cases of suspected child abuse and neglect A. Establish a reporting plan to utilize in case of suspected abuse B. Train staff to identify and report abuse to proper agencies C. Cooperate with enforcement agencies D. Ensure confidentiality of the individual reporting the abuse 5. Program must exclude a child from the program for a short term if: A. Child has a contagious illness as stated from the health department, that could harm the child or other children, this policy needs to be conveyed to parent at enrollment B Child has an injury that the program cannot accommodate 6. Program may not exclude a child that is currently enrolled due to a health care reason A. Must make accommodations for the child B. Ensure that parents and health care professionals supply instructions on proper care for the child C. Ensure program has policies, staff training, and equipment to perform necessary health procedures D. Understand child's health needs and parent's concerns, and protect the family's privacy 7. Parents must inform program of special health or safety needs of the child A. Establish and enforce a policy for medication distribution, and storing of medicine 15 B. Medication must be labeled and stored in a locked box _ i. Medicine is to be labeled by a pharmacist, with the child's first and last name, name of the medication, date medicine was filled, name of the doctor, expiration date, administration, storage and disposal instructions _ ii. Over the counter medicine with a note from doctor will have instructions, including the applicable specifications from above _ C. Medicine is provided in the original child resistant container _ D. Medicine (including staff medicine) will be stored away from food, in a locked container, (in the refrigerator if it is required) _ E. Medicine will not be used after it has expired _ F. Medication needs to be transported, an adult will be in charge, making sure the temperature of the medication is controlled _ 8. A designated trained staff member or nurse administers the medication _ 9. Parents must fill out form for medicine distribution, including doctors _ instructions, and parent's written authorization 10. Medication forms are kept in the child's file listing: the time and date medicine was given, amount, name of person administrating the medicine, and the dose given _ 11. Watch for medication reactions, record and contact parents if necessary _ 12. Staff knowledge of proper ways of handling medications for the safety of the children 13. Ensure that all staff and volunteers use safety precautions _ A. Use proper seat belts for vehicles, strollers, car seats, highchairs, swings and infant seats _ B. Keep firearms, medications, and other hazardous material away from children C. Supervise children at all times _ 14. Incorporate safety practices into child and parent activities _ A. Involve the child in making and enforcing rules of safety _ B. Use teachable moments when someone gets hurt C. Teach children what to do in an emergency _ 15. Staff and volunteers must wash their hands with warm water and soap _ A. After diapering or toilet use _ B. Before handling food _ C. Whenever hands are contaminated due to blood or other bodily fluids _ D. After handling animals _ 16. Staff and volunteers must also wash their hands A. Before and after administrating medicine _ B. Before and after treating a wound _ C. After assisting a child in the bathroom _ 17. Nonporous gloves must be worn when in contact with blood, or other bodily fluids _ A. At all diaper changes, a clean pair of gloves needs to be used on each child _ 18. Spills of bodily fluids must be cleaned immediately with disinfectant (red bags, table, changing table) _ 19. When diapering a child, safety procedures must be used _ A. Child is safe at all times _ B. Diaper on a flat, elevated, nonporous surface that is used only for diapering _ 16 C. Talk to the child while diapering D. Have access to a water source near the changing table E. Change children at regular intervals and when needed F. Minimize the contamination risks i.e. use gloves, and wash hands between children, and sanitize the changing table 20. Portable potties must be emptied and disinfected after each use 21. Infant cribs should be placed 3 feet apart and children should sleep head to foot A. No child is to sleep on an uncovered surface 22. Accessible first aid kits must be available, fully stocked 23. First aid kits must be restocked after each use and inventoried on a regular basis CHILD NUTRITION (1304.23) 1. Each center's food program must meet the nutritional needs for each child A. programs will serve a variety of foods which consider cultural and ethnic Preferences B. CACFP will be the primary source of reimbursement for food C. Children in a full day program must receive meals and snacks that provide to 2/3 of the child's daily nutritional needs D. In center based settings, children are to receive breakfast if they have not had breakfast at home E. Infants and toddlers are to receive foods appropriate to their needs and feeding skills F. Breast milk is the optimal food for infants G. Cow's milk is not recommended for children under 12 months of age H. Solid foods are introduced between four and seven months of age (after consultation with the primary health provider and parent) I. New foods are introduced one at a time, a week apart to look for allergies J. Encourage toddlers to select from a variety of foods K. Providers will cut food into small pieces for young children L. To avoid choking hazards, centers will not serve the following foods: hot dogs, sausage rounds, whole grapes, hard raw vegetables and fruits uncooked dried fruit, candy, whole nuts, pretzels, chips, popcorn, marshmallows, gum, spoonfuls of peanut butter, and chunks of meat. Hot dogs, sausage rounds and grapes must be cut lengthwise and across rounds to make pieces small enough and noncircular to prevent choking. Honey will not be served to children under12 months of age. M. Milk is served at each meal N. Only 1009 juice is served O. Meals and snacks must be scheduled, but flexible to meet the need of the children P. Feeding infants on demand is the best way to meet nutritional and Emotional needs Q• Children should never be forced to eat R. Nutritious snacks are part of children's daily intake of food S. Staff promote good dental hygiene after meals 17 T. Parents and community agencies must be involved in planning and evaluating center's nutritional services U. Food related activities and leisurely meal times provide opportunities to develop positive attitudes V. Serve meals in a pleasant, well -lit, and ventilated area W. A variety of food is served to broaden each child's food experience X. A small amount of new food is offered with a familiar meal Y. Children are prepared for new foods through activities C. Food is not to be used for punishment or rewards AA. Sufficient time is allowed for children to eat BB. Children and adults prepare for meal together, cleaning, sharing conversation and sometimes pass food among themselves CC. Staff set good examples of eating different foods, and polite behaviors DD. When high chairs are used for infants, security straps are used EE. Young infants are held while being bottle fed and not Iain down to sleep with a bottle FF. Establish eye contact with infants while feeding and talk to the baby GG. Wash hands before and after feeding with soap and water HH. Hold infant in a semi -sitting position with head tilted forward and slightly higher than the rest of the body II. Hold bottle still and at an angle JJ. Ensure that the liquid flows from the bottle KK. Burp the infant at a natural break in feeding and at the end of feeding LL. Infant cereal is fed with a spoon, as is all infant food MM. For dental reasons, children are not to carry bottles around for long periods of time NN. Medically -based diets or other dietary requirements are accommodated 00. Food related activities are provided CHILD MENTAL HEALTH (1304.24) 1. Agencies must work collaboratively with parents A. Request parental observations, information, and concerns about their child's mental health B. Share observations with parents about child's behaviors, development, and other issues C. Information on child development should be shared with parents such as: typical development of young children, development of individual children, recognizing and understanding behaviors expressed when children are under stress, assisting parents with separation and attachment issues D. Discuss with parents appropriate, positive response to their child's behaviors E. Provide children with opportunities to succeed F. Staff will use positive guidance techniques: undesirable be- haviors will be discouraged or redirected, anticipation of potential problems, giving the child choices that are acceptable to staff and parents, helping children learn about natural consequences, and encouraging respect for the feelings and right of others G. NEVER USE CORPORAL PUNISHMENT, such as spanking with 18 hand or any implement, slapping, swatting, pulling hair, yanking arm, etc. Staff discuss with parents how to strengthen nurturing and supportive environments, in the home and program by: smiling, comforting, and reassuring children to promote self-esteem If a child has mental health issues, design the program to be beneficial to the child i.e. make curricula enhancements, implement practices responsive to infants and toddlers and their rapidly changing needs EDUCATION AND EARLY CHILDHOOD DEVELOPMENT (1304.21) 1. Parents should be consulted when a health problem is suspected 2. The program should be individualized for each child by: A. Conducting 2 parent -teacher conferences each year B. Conducting 2 home visits per year that include classroom teachers 3. Services, referrals and resources for children with disabilities will be provided, 4. Program is arranged to meet a variety of children's needs and strengths A. Program is developmentally and linguistically appropriate B. Curriculum meets individual needs, interests, temperaments, languages, cultural backgrounds, and learning styles C. Program responsiveness to individual children is accomplished through comprehensive curriculum D. A variety of supplies and planned activities for group and individual play E. Provide experiences for children to succeed F. Increase the complexity and challenge of activities as children develop G. Identify the children's preferred ways of interacting with the environment H. Ensure that children receive specialized education and support if needed I. Enable teachers to include children with disabilities into their program J. Develop learning environments that are varied and interesting K. If child has an IFSP, use routines and experiences to help achieve those goals L. Participate in meetings with experts in disabilities to implement IFSP M. Provide environments that support and respect gender, culture, language ethnicity and family composition N. Universality is the key in organizing and planning the environment O. Provide environments that reflect different cultures, each child's primary language, avoid activities that stereotype, and model respect and help children appreciate others P. Balance the program with child initiated activities and teacher directed activities Q. Provide opportunities for children to take initiative, make meaningful choices, and learn the consequences of decision-making R. Take opportunities to extend children's thinking, interests and develop problem solving skills S. Assist children in developing decision-making skills T. Allow children to independently use toilet facilities when appropriate U. Toilet training provides opportunities for children to learn: self-control, autonomy, and responsibility V. Milestones for toilet training include: muscle control, emotional readiness, 19 ea willingness to cooperate, and ability to communicate toilet needs S. Invite parents to be involved in the program development by attending 2 parent teacher conferences and 2 in home visits per year A. Parents are involved in the program: assist in the development and implementation of curricula, part of which is based on relationships, routines, and daily experiences B. Increase children's observation skills, assess these skills to help plan learning experiences C. Encourage input from observations at home D. Communicate regularly with parents through, conferences, home visits and daily reports E. Staff communicate informally as well as formally with families 6. Staff support the social and emotional development of children A. Staff provide an environment that is responsive to children, predictable and consistent, which strengthens a child's confidence and builds trust B. Staff communicate with children in their home language C. Staff fosters children's independence D. Staff promotes the development of self-help skills E. Staff provide opportunities for language development F. Staff encourage self-control by setting clear, consistent limits and having realistic expectations G. Staff use positive techniques to assist children to develop self-control, such as modeling expected behaviors, redirecting children, and intervening to enforce consequences for unacceptable or harmful behaviors H. Staff provide activities daily that challenges children mentally and physically I. Staff develop clear, and consistent rules J. Staff reinforce positive social behavior K. Staff talk with parents about childrearing practices to support the child and bridge the gap between home and the program L. Staff encourage the children to learn respect for others feelings and rights M. Staff encourage children to understand expressions of emotions model respect of others N. Staff foster positive social behaviors such as cooperating, helping, and turn -taking O. Staff discuss the consequences of behaviors and redirect children P. Staff support and respect each child's home language, culture and family composition, in ways that support the child's health and well-being Q. Staff give children a sense of acceptance by learning key words from their home language, or providing books, and other materials that reflect their family's home culture R. Staff plan for routines and transitions so they occur in a timely, predictable, and unrushed manner S. Staff give children notice to prepare for a change T. Staff allow children to participate in routines U. Staff minimize waiting time in group setting 7. Support each child's learning, experimentation, inquiry, observation, play and exploration 20 A. Support children's cognitive development by posing problems and asking questions B. Have conversations with the children to expand their thinking and learning C. Provide opportunities for children to gain knowledge in areas such as science, social studies, creative arts, numeracy, and language D. Ensure opportunities for creative self-expression through activities, such as art, music, movement, and dialogue E. Support using art materials, engaging in rhythmic activities, and music, stimulate imagination and language through drama and other dialogues F. Encourage all language interactions G. Recognize infants' communication skills and respond to their cues H. Give children time to talk and respond to each other I. Respect children's developing skills in English and in their home language J. Use simple, clear sentences when communicating to young children K. Speak in pleasant tones L. Expand children's language through songs, games, poems and stories M. Engage in dramatic play N. Model appropriate language 0. Expand upon rather than correct children's speech P. Set a foundation for reading and mathematics Q. Activities should be developmentally appropriate, interesting, engaging and meaningful R. Read and discuss stories everyday S. Have reading and writing material accessible every day T. Plan opportunities for children to hear stories every day U. Encourage oral traditions through storytelling V. Provide stories from children's own culture W. Provide opportunities for children to reflect upon experiences X. Provide books and stories with repetitive verses, words, sounds or pictures Y. Use rhymes to help children develop an awareness of language sounds Z. Show children functional uses of language, (ex. street signs, grocery list) AA. Provide objects for counting, and sequencing BB. Provide toys that show cause and effect CC. Plan family activities DD. Support the use of libraries and other community resources 8. Promote each child's physical development by: A. Providing sufficient time, indoor and outdoor space, equipment, materials, and adult guidance for active play and movement that support gross motor skills B. Arranging physical space so children have room to roll over, crawl, sit, walk, and test new skills C. Providing climbing structures that are challenging and give opportunities for success D. Providing padded and safe structures for exploration E. Encouraging the use of riding, pushing and pulling toys F. Providing supervision and guidance through these activities G. INFANT WALKERS AND JUMPERS ARE NOT USED 21 r, H. Providing time and space for the development of children's fine motor skills I. Planning experiences for developing motor skills and physical activity through repetition of actions J. Increasing the complexity of manipulative activities K. Fostering self-help skills, like buttoning, lacing, and zipping L. Providing an appropriate environment and adult guidance for children with special needs M. Children with special needs require an environment that is responsive, and inclusive N. Helping implement an IFSP O. Adapting materials and equipment so all children can share activities P. Ensuring equipment and materials are accessible Q. Assisting children in using materials R. Being sensitive to parent's expectations S. Integrating all children and enabling them to participate in activities 9. Developing secure relationships in out of home care by, having consistent teachers who understand the child's family structure A. Curriculum focuses on relationships, respect, and responsiveness B. Safe and secure environment nurtures positive relationships with peers and adults C. Provide positive communication with family members D. Encouraging families to volunteer to increase understanding of a child's culture and home routines E. Provide trust and emotional security to enable children to explore the environment F. Feed infants when they are hungry and comfort them when they are distressed G. Interact with infants and toddlers by gently holding, talking and gesturing with them H. Provide an emotionally secure and physically safe environment I. Give children choices and provide opportunities for them to do things for themselves J. Provide opportunities for children to explore a variety of sensory and motor experiences K. Move infants or reposition them to have a change of scenery L. Change or rotate toys to promote stimulation M. Encourage movements and playfulness N. Engage children in sensory activities 0. Interact with children face to face P. CRIBS, HIGH CHAIRS AND CAR SEATS ARE USED FOR THEIR INTENDED PURPOSES ONLY Q. Support the social and emotional development of children by providing environments that encourage self-awareness, autonomy and self-expression R. Affirm each child as an individual S. Respond to each child's sense of pleasure in their successes T. Use pictures of children and their families U. Respond to children's behaviors associated with fears and needs V. Provide opportunities for children to express themselves freely W. Engage children in verbal and nonverbal communication 22 X. Use descriptive language during routine activities Y. Respond to young children's first attempts at language Z. Support the physical development of children including gross motor skills: grasping, pulling, pushing, crawling, walking and climbing AA. Assist children, rather than do the task, when it becomes frustrating BB. Recognize developmental milestones that indicate children's changing needs for independence CC. Allow children to play and explore objects in a safe environment DD. Bring objects and activities to non-mobile children EE. Provide open and accessible indoor and outdoor space for children to practice skills FF. Create opportunities for fine motor development GG. Provide activities that promote grasping, dropping, pulling, pushing, throwing, touching and mouthing HH. Provide activities for hand -eye coordination ll. Implement a curriculum that is consistent with Head Start Performance standards JJ. Ensure the curriculum is comprehensive, based on child development principles, specific in goals and objectives for children's development and learning that is achievable yet challenging KK. Ensuring an inclusive and developmentally appropriate curriculum LL. Program is supportive of spontaneous learning opportunities MM. Curriculum is intellectually engaging and meaningful NN. Program is informed by the community, cultural beliefs, and the language of those being served 00. Program supports each child's individual pattern of development and learning PP. Plan time for children's involvement in teacher planned activities QQ. Plan opportunities for children to work alone or with other children RR. Respond to children's interests and learning styles SS. Enable children to develop emerging skills and practice existing skills TT. Provides for the development of cognitive skills UU. Provide environments that offers experiences which vary in complexity VV. Ask questions that have more than one answer to extend children's thinking WW. Engage children in creative activities and problem -solving XX. Integrate aspects of health, nutrition, and mental health into activities YY. The above aspects are incorporated into daily experiences: hand washing, brushing teeth, preparing food, and talking about feelings ZZ. Talk about doctors' appointments before they happen AAA. Encourage role playing before appointments BBB. Help children develop emotional security and social relationships CCC. Provide an environment of acceptance, and respect DDD. Facilitate opportunities for children to develop social skills EEE. Nurture children's friendships FFF. Model communication with conflict resolution techniques GGG. Encourage children to resolve their own conflicts HHH. Help children manage stressful situations III. Encourage individuality and self-awareness JJJ. Provide individual space for each child KKK. Use photos, drawings and tape recordings of children and their families 23 LLL. Model respect MMM. Provide children with opportunities to succeed NNN. Encourage children to do things for themselves 000. Regularly and continually observing and recording children's behaviors and progress PPP. Knowing each child's capabilities and modes of learning QQQ. Include parents in ongoing assessments RRR. Rearranging the program environment to respond to children's developmental progress SSS. Expanding goals for children 24 EXHIBIT C PROOF OF INSURANCE (Certificate of insurance to be inserted as Exhibit C) 25