HomeMy WebLinkAboutC18-222 The Foundation of Trustees for the Family Learning Center FOURTH AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
THE FOUNDATION OF TRUSTEES FOR THE FAMILY LEARNING CENTER
THIS FOURTH AMENDMENT (“Fourth Amendment”) is effective as of
___________________ by and between The Foundation of Trustees for the Family Learning
Center, a Colorado nonprofit corporation (hereinafter “Consultant” or “Contractor”) and Eagle
County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County and Consultant entered into an agreement dated the 3rd day of January,
2017, for certain Services (the “Original Agreement”) (C17-006); and
WHEREAS, by a First Amendment dated the 19th day of September, 2017 the parties increased
the compensation to include COLA funding; and
WHEREAS, by a Second Amendment dated the 6th day of December, 2017 the parties extended
the term of the agreement to December 31, 2018; and
WHEREAS, by a Third Amendment dated the 10th day of April, 2018 the parties amended
certain provisions in the Original Agreement.
WHEREAS, County and Consultant desire by a Fourth Amendment to increase the
compensation to include COLA funding.
WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2018, and
the parties desire to extend the term for an additional year.
FOURTH AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1. The Agreement shall be amended to include additional cost of living adjustment
(COLA) funding as described in Exhibit A1, which is attached hereto and
incorporated herein by reference. Contractor will be given an additional cost of living
adjustment for each educator/teacher who works directly with Early Head Start
children, a minimum of 2.6% increase to the existing 2.85% COLA increase to annual
salary established in the Original Agreement. Exhibit A1 hereby supersedes and
replaces Exhibit A to the Original Agreement.
DocuSign Envelope ID: 6642530F-3CBA-45D3-BFCD-7EA869A02BD1
8/3/2018
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2. The increase in compensation to reflect this additional COLA funding as set forth in
Exhibit A1 shall not exceed $12,606.00 or a total maximum compensation under the
Original Agreement and this Fourth Amendment of $248,054.
3. The term of the Original Agreement is hereby extended to the 31st day of December,
2019
4. Capitalized terms in this Fourth Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Fourth
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this Fourth Amendment shall govern and
control the rights and obligations of the parties.
5. Except as expressly altered, modified and changed in this Fourth Amendment, all
terms and provisions of the Original Agreement shall remain in full force and effect,
and are hereby ratified and confirmed in all respects as of the date hereof.
6. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Kathy Chandler-Henry, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
CONSULTANT:
THE FOUNDATION OF TRUSTEES FOR THE
FAMILY LEARNING CENTER
By: _____________________________________
Print Name:_Lindsey Simmonds_______________
Title: _ Director____________________________
DocuSign Envelope ID: 6642530F-3CBA-45D3-BFCD-7EA869A02BD1
EXHIBIT A
SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE
Description of Services: This contract is for services provided beginning on January 1, 2017 and ending
December 31, 2017. Contractor will provide Early Head Start child care services for up to 32 children
during the months of January through December 31, 2017 enrolled in the Eagle County Early Head Start
(“EHS”) program from 7:30 am to 5:30 pm in compliance with State child care licensing regulations, the
most current Head Start Performance Standards and the Head Start Act.
Additional Provisions:
1) Eligibility Determination:
A. County will determine the eligibility of the children to be enrolled under this agreement,
inform families of eligible children of their rights, obligations, and fee requirements. The
County will also notify the Contractor when an eligible child is no longer eligible. Payment
for individual clients will not be made after the Contractor is notified in writing of the
children served under this Agreement’s ineligibility.
B. It is agreed that when or if EHS children transition out of the EHS program, that both parties
will make every effort to provide a smooth transition into another early childhood program
including but not limited to Head Start, Colorado Preschool Program, or Colorado Child
Care Assistance Program (CCAP).
C. If a child receiving Early Head Start Services qualifies for CCAP, the Contractor must do
everything in its power to serve the child through CCAP while enrolled in Early Head Start.
2) Early Head Start Requirements:
A. The EHS program will:
1. Share children’s assessments with classroom teachers, with parent permission.
2. Work with the Contractor to develop action plans for issues or concerns that arise during
program monitoring and observation of the Contractor’s site.
3. Offer training opportunities to Contractor’s staff that care for infants and toddlers in
specific issues pertaining to infants and toddlers up to age three.
B. The Contractor shall complete and return to County monthly attendance records. These
attendance records can accompany the monthly invoice for payment required by paragraph
4.2 of the Agreement. Invoices reflecting tuition and credit for reimbursement under the
Colorado Child Care Assistance Program (CCAP) for the previous month will be completed
and returned to County within 5 working days of the first of each month.
3) Parent(s) Responsibilities:
The Parent of each Early Head Start child must agree to complete all registration forms and to
update immunization and well child visits as required by the State and Contractor, and to be
available for two parent conferences at the Contractor’s site each year. Parents will also be
available for teacher’s home visits twice a year. Parents are required to follow the Center’s
Policy and Procedure manual. Contractor should inform the EHS 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 County and agrees that a
program and facilities review including meetings with consumers, review of service records,
DocuSign Envelope ID: 6642530F-3CBA-45D3-BFCD-7EA869A02BD1
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
credential (CDA), and have been trained (or have equivalent coursework) in early
childhood development.”
B. Staff must keep their CDA current with renewal every three years. Every teacher must
attend at least 15 clock hours of professional development per year, including one training
determined by Early Head Start and Contractor. Contractor must provide a copy of its
state license and CDA, AA, Bachelor of Arts (BA) credentials for staff qualifications per
this agreement.
C. Contractor must make every effort to reach and sustain compliance with the requirements for
infant and toddler center-based teaching staff. The first priority is to hire qualified,
credentialed staff in accordance with the Head Start Act. If the program cannot recruit and
hire qualified, credentialed staff, the program may hire a person who is in the process of
completing their credential, has experience working with infants and toddlers, and has one of
the following:
a. Course work with infant and toddler content
b. Degree in a related field
c. Training with infant and toddler content
Contractor has 12 months from date of hire to get teacher the minimum required
qualifications.
7) The Contractor agrees to provide child care services to EHS program families as follows:
A. Early care and education for infants and toddlers whose families are enrolled in EHS and
enrolled by County.
B. Contractor must provide primary caregiving and continuity of care to all EHS infants and
toddlers as defined in the performance standards: 45 CFR 1304.52(g)(4)—Grantee and
delegate agencies must ensure that each teacher working exclusively with infants and
toddlers has responsibility for no more than four infants and toddlers and that no more than
eight infants and toddlers are placed in one group. 45 CFR 1304.21(b)(1)(i)—Grantee and
delegate agencies' program of services for infants and toddlers must encourage: The
development of secure relationships in out-of-home care settings for infants and toddlers by
having consistent teachers over an extended period of time. Teachers must demonstrate an
understanding of the child's family culture and, whenever possible, speak the child's
language. 45 CFR 1304.21(a)(3)(ii)—Grantee and delegate agencies must support social and
emotional development by: Planning for routines and transitions so that they occur in a
timely, predictable and unrushed manner according to each child's needs.
A. Inclusion of infants and toddlers with special needs and disabilities.
B. Allow for and participate in assessments to be conducted in classrooms such as, but not
limited to, Ages and Stages Developmental Questionnaire (ASQ), the Infant/Toddler
Environment Rating Scale (ITERS), Qualistar ratings, EHS ongoing monitoring, and EHS
DocuSign Envelope ID: 6642530F-3CBA-45D3-BFCD-7EA869A02BD1
annual self-assessment. Results will be shared with Director and the EHS Education
Coordinator. Staff will be involved in the development and implementation of quality
improvement plans based on the results of the assessments.
C. Comply with all Head Start Performance Standards and the Head Start Reauthorization Act as
defined in Exhibit B, including teacher credentials, teacher-child ratios, and group size at
all times of the day. Exhibit B will be updated and replaced to reflect and assure compliance
with any changes in state licensing regulations and/or Head Start Performance Standards.
D. Maintain a current, working Policy and Procedure manual that is distributed to families at
enrollment, as well as to EHS, and go over the policies with the parent before enrollment.
EHS children should not be denied services if they cannot provide diapers and/or formula.
Families are to contact their Family Advocate or Education Coordinator in order to address
the issue.
E. It is the responsibility of the Contractor to enforce the Policy and Procedures manual
including health exclusions, pick-up and drop-off policies and procedures.
F. Center Director will participate in EHS Director and EHS Education Coordinator meetings
as scheduled.
G. The director will contact County staff prior to denying services excluding health related
issues.
H. Teachers will complete individual portfolio files for each child per Teaching Strategies
GOLD online system assessment system selected by the EHS program. Teachers will meet
children’s early learning needs by individualizing the curriculum for each child based on their
observations and the child’s developmental goals. At the time of transition to a new
classroom or childcare site, the child’s portfolio will accompany them to the new placement.
I. Teachers will participate in the development of individual child goals for each child by
convening two parent teacher conferences at the child care site annually and participating in
two EHS home visits annually. Based on observations and assessments, all parties will
contribute to a plan for the child’s development. Copies of conference reports and the child’s
GOLD assessments will be filed in the child’s portfolio on site and in the child’s chart
maintained by the EHS program.
J. Allow County staff access to childcare sites during hours of operation. This includes the
Mental Health Coordinator, Health Coordinator, Education Coordinator, and Family
Advocates who will conduct classroom observations and or trainings.
K. Notify County of planned transitions and develop a transition plan with each family.
L. Complete weekly lesson plans in GOLD and forward to the Education Coordinator weekly.
M. Share menus, health and safety checklist, and licensing reports with County as requested.
Make changes to menus based on recommendations from a Registered Dietician provided by
the County.
N. Provide snacks and meals to the children served under this Agreement and submit receipts for
USDA reimbursement.
O. File on site and provide EHS a copy of current child care license(s) to the County EHS
Director for childcare facility in this agreement.
P. File on site and provide EHS with a copy of the Notice of Survey Findings from every health
department visit to the Family Learning Center.
Q. File on site and provide EHS with copies of educational credentials for all staff members.
R. File on site and provide EHS with a copy of stated private pay tuition rates.
S. Children will not be required to participate in religious activities. Contractor must offer
alternate developmentally appropriate activities at these times.
T. All information regarding children and families must be kept confidential.
U. Contractor must identify a curriculum to be used in each classroom and inform County which
curriculum will be used.
DocuSign Envelope ID: 6642530F-3CBA-45D3-BFCD-7EA869A02BD1
V. Contractor must have a process for all parents to sign their children in and out in order to
assure safety.
W. Contractor shall work cooperatively with Coaching and Consultation agencies as funds allow
in the infant and toddler classrooms.
X. Contractor shall invoice Child Care Assistance Program (CCAP) funding for eligible EHS
families and notify EHS when families are enrolled and transitioned.
Y. 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 $918.67/month per space for up to 19 full time spaces for
January, 2017 through December 31, 2017. Each full time space may be shared by up to two
children referred by County. County will only compensate Contractor for spaces being reserved
for County during each month. Said payments may not exceed $209,457.
2. County will compensate Contractor for the purchase of items such as diapers, wipes and supplies
and stipends for teachers doing home visits as approved by the County Infant-Toddler Specialist.
Said purchases may not exceed $3,780.
3. On a case by case basis, 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 and teacher
stipends, which expenses may not to exceed $5,000.
4. Contractor will be given an additional cost of living adjustment for each educator/teacher
who works directly with Early Head Start children, a minimum of 2.6% increase to the
existing 2.85% COLA increase to annual salary established in the Original
Agreement. Total amount shall not exceed the $26,673 Federal funds provided for under this
Agreement.
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
County make payment when Family Learning Center director does not notify County staff prior to
suspending services, excluding health related issues. Maximum compensation under this
Agreement shall not exceed $248,054.
DocuSign Envelope ID: 6642530F-3CBA-45D3-BFCD-7EA869A02BD1
