HomeMy WebLinkAboutC20-445 Family Learning CenterSEVENTH AMENDMENT
EAGLE COUNTY, COLORADO
AND
THE FOUNDATION OF TRUSTEES FOR THE FAMILY LEARNING CENTER
This “Seventh Amendment” dated as of this ________________________, and effective January 1, 2021
is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board
of County Commissioners with a mailing address of 500 Broadway, Post Office Box 660, Eagle, CO
81631 (“County”), and The Foundation of Trustees for the Family Learning Center, a Colorado nonprofit
corporation, with a mailing address of 31626 Highway Six, Edwards, CO 81632 (“Contractor”).
RECITALS
WHEREAS, County and Contractor entered into an agreement with an effective date of January 3, 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 (C17-322); 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 (C17-403); and
WHEREAS, by a Third Amendment dated the 10th day of April, 2018 the parties amended certain
provisions in the Original Agreement (C18-093); and
WHEREAS, by a Fourth Amendment dated the 3rd day of August, 2018 the parties increased the
compensation to include COLA funding (C18-222); and
WHEREAS, by a Fifth Amendment dated the 25th day of June, 2019 the parties increased the
compensation to include COLA funding (C19-230);
WHEREAS, by a Sixth Amendment dated the 17th day of December, 2019 the parties amended certain
provisions in the Original Agreement (C19-412); and
WHEREAS, County and Contractor desire to revise by a seventh amendment to increase compensation of
the agreement to include COLA funding and extend the contract through the end of 2021.
SEVENTH 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 funding as
described in Exhibit A-2, which is attached here 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 1.95% increase to annual
salary. Exhibit A-2 supersedes all previous Exhibits regarding Services (Exhibit A, A-1, and
1).
2. The compensation for the additional Services set forth in Exhibit A-2 shall not exceed
$240,029.50 or a total maximum compensation under the Original Agreement and this
Seventh Amendment of $240,029.50.
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C20-445
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Eagle County Amend Term Scope Comp Final 5/14
3.Exhibit B-1, which is attached here and incorporated herein by reference, shall supersede the
Original Agreement Exhibit B and the Sixth Amendment Exhibit B.
4.The Agreement shall be amended to extend the term of the agreement through the 31st day of
December, 2021.
5. Exhibit C, which is attached here, is incorporated into the Agreement.
6.Capitalized terms in this Seventh Amendment will have the same meaning as in the Seventh
Amendment. To the extent that the terms and provisions of the Seventh Amendment conflict
with, modify or supplement portions of the Seventh Amendment, the terms and provisions
contained in this Seventh Amendment shall govern and control the rights and obligations of
the parties.
7.Except as expressly altered, modified and changed in this Seventh Amendment, all terms and
provisions of the Seventh Amendment shall remain in full force and effect, and are hereby
ratified and confirmed in all respects as of the date hereof.
8.This Seventh Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment to the Original
Agreement the day and year above written.
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its Board of COUNTY
COMMISSIONERS
By: ______________________________
Kathy Chandler-Henry, Chair
Attest:
______________________________
Regina O’Brien, Clerk to Board
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Eagle County Amend Term Scope Comp Final 5/14
CONSULTANT
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
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Executive Director
Whitney Young
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Eagle County Amend Term Scope Comp Final 5/14
EXHIBIT A-2
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EXHIBIT A-2 SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE
Description of Services: This contract is for services provided beginning in January 2021 and
ending December 31, 2021. The Family Learning Center is defined as a Contractor for purposes
of this Exhibit. Contractor will provide Early Head Start child care services for up to 21 children
enrolled in the Eagle County Early Head Start (“EHS”) program in compliance with State child
care licensing regulations, the most current Head Start Performance Standards and the Head Start
Act. These child care spaces are four days a week from 7:30am - 5:30pm.
Additional Provisions:
1. Eligibility Determination:
a. County will determine the eligibility of the children to be enrolled under this
agreement and inform families of eligible children of their rights, obligations and
fee requirements. The County will also notify the Contractor when a previously
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 EHS children transition out of the EHS program, that the
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 (“CCCAP”).
Early Head Start Requirements: The EHS program will:
1. Share children's assessments with classroom teachers, with parent permission.
2. Work with the Contractor to develop, implement and assess 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.
4. The Contractor shall complete attendance records in Child Plus on a weekly basis.
Parent(s) Responsibilities: Parents of EHS children will:
1. Complete all registration forms and to update immunization records and well child visits
as required by the State and Contractor.
2. Be available for two parent conferences at the Contractor's site each year.
3. Be available for teacher home visits twice a year.
4. Follow the Center's Policy and Procedure manual. Contractor should inform the EHS
program if any parent does not comply.
Maintenance and Access to Records:
The Contractor agrees to keep records dealing with frequency of service delivery, services
provided, fiscal records, and retain all bookkeeping, records, and other documents relevant to
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this agreement for three years after final payment and such records must be destroyed within a
reasonable timeframe after such records are no longer needed or required to be maintained. The
Contractor agrees that any persons duly authorized by the EHS Program (county, state or federal)
shall have full access to and the right to examine any of said materials.
Program Records, Controls, Reports, and Monitoring Procedures:
1. 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, 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.
2. 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.
Staff Qualifications and Development:
1. 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."
2. Staff must keep their CDA current with renewal every three years.
3. Every teacher must attend at least 15 clock hours of professional development per year.
4. Contractor must provide a copy of its state license and CDA, an Associates degree,
Bachelor of Arts credentials for staff qualifications per this agreement.
5. 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.
d. Contractor has 18 months from the date of hire to get the teacher the minimum
required qualifications. A detailed professional development plan will be
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provided to EHS outlining how the staff will obtain the required qualifications.
The Contractor agrees to provide child care services to EHS program families as follows:
1. Early care and education for infants and toddlers whose families are enrolled in EHS and
enrolled by County.
2. Contractor must provide primary caregiving and continuity of care to all EHS infants and
toddlers as defined in the performance standards:
a. 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.
b. 45 CFR 1304.21(0)(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.
c. 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.
3. Inclusion of infants and toddlers with special needs and disabilities.
4. Allow for and participate in assessments to be conducted in classrooms such as, but not
limited to, Ages and Stages Developmental Questionnaire, the Infant/Toddler
Environment Rating Scale, Colorado Shines ratings, EHS ongoing monitoring, and EHS
annual self-assessment. Results will be shared with EHS Director and the EHS Education
Coordinator.
5. Staff will be involved in the development and implementation of quality improvement
plans based on the results of the assessments.
6. 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.
7. 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.
8. EHS children should not be denied services if they cannot provide diapers and/or
formula. Families are to contact EHS staff in order to address the issue.
9. 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.
10. Child care center director will participate in meetings with EHS staff as scheduled.
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11. Child care center director will contact County staff prior to denying services excluding
health related issues.
12. Teachers will complete individual portfolio files for each child per Teaching Strategies
GOLD online system assessment system.
13. 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.
14. At the time of transition to a new classroom or childcare site, the child's portfolio will
accompany them to the new placement.
15. 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.
16. Allow County staff access to childcare sites during the hours of operation. This includes
the Mental Health Coordinator, Health Coordinator, Education Coordinator, and Home
visitors who will conduct classroom observations and or trainings.
17. Notify County of planned transitions and develop a transition plan with each family.
18. Complete weekly lesson plans and document observations for quarterly checkpoints in
GOLD
19. Share menus, health and safety checklist, and licensing reports with County as requested.
20. Make changes to menus based on recommendations from a Registered Dietician provided
by the County.
21. Provide snacks and meals to the children served under this Agreement and submit
receipts for USDA reimbursement.
22. File on site and, as requested, provide EHS a copy of current child care license(s) for
child care facility in this agreement.
23. File on site and, as requested, provide EHS with a copy of the Notice of Survey Findings
from every health department visit to the Center.
24. File on site and, as requested, provide EHS with copies of educational credentials for all
staff members.
25. File on site and, as requested, provide EHS with a copy of stated private pay tuition rates.
26. Children will not be required to participate in religious activities. Contractor must offer
alternate developmentally appropriate activities at these times.
27. All information regarding children and families must be kept confidential.
28. Contractor must identify a curriculum to be used in each classroom and inform County
which curriculum will be used.
29. Contractor must have a process for all parents to sign their children in and out in order to
assure safety.
30. Contractor shall work cooperatively with Coaching and Consultation agencies as funds
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allow in the infant and toddler classrooms.
31. Contractor shall invoice CCCAP funding for eligible EHS children.
32. Contractor shall notify Eagle County EHS within three business days of any reports and
investigations of suspected child abuse or neglect involving Contractor, including, but not
limited to, employees, volunteers and clients.
33. Contractor shall notify Eagle County EHS within three business days of the conclusion of
a child abuse investigation and report to EHS the outcomes of said investigations of
suspected child abuse or neglect.
34. Contractor shall notify Eagle County EHS within three business days of any child care
licensing investigation.
35. DHS contractors are considered to be mandatory reporters for suspected child abuse and
neglect and are to make those reports directly to the Colorado statewide hotline 1-844-
264-5437. Contractor must report any incidents of lack of supervision or suspected abuse
or neglect within 24 hours to the EHS Director and reported to the Regional Head Start
Offices.
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 the performance of assigned
services as follows:
1. County agrees to pay to Contractor $10,368 per year per space for up to 21 full-time
child-care slots starting in January 2021. County will only compensate Contractor for
spaces being occupied by a child or reserved for County during each month. Said child
care payments may not exceed $217,728 annually.
2. Contractor shall notify the County within 2 working days of a child care slot vacancy.
Vacancies of such slots shall be filled within 30 days, if there is a waiting list at the time
of notification. If the child care slot is not filled within this time frame, the County may
deduct a pro rata amount from the monthly payment for the time the child care slot
remains vacant.
3. County will compensate Contractor for the purchase of supply items such as diapers,
wipes and supplies at the rate of $250 per family. Said supply purchases may not exceed
$5,250 annually.
4. County will provide funding for Contractor's staff training and/or professional
development, which expenses may not exceed $1,000 annually. Please note: EHS also
supports the professional development of Contractor’s teachers through Practice Based
Coaching at the rate of $7,020. Practice Based Coaching is a requirement outlined in the
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Head Start Standards. Contractor will prioritize staff participation in Practice Based
Coaching.
5. Cost of living adjustment (COLA) is incorporated within this agreement from the
previous year. Specifically, the 2020 COLA awarded to the staff at the Family Learning
Center is equal to $16,051.50. Contractor will ensure each educator/teacher/staff member
at the Family Learning Center who works directly with EHS children shall receive a
minimum 1.95% increase of annual salary. COLA is provided in order to assure
compliance with Head Start Performance Standards.
6. Maximum compensation under this Agreement shall not exceed $240,029.50.
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Eagle County Amend Term Scope Comp Final 5/14
EXHIBIT B-1
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EXHIBIT B-1
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
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. 35 square feet of usable indoor space per child
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
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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 by certified or
licensed contractors
9. 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
d. Establish and enforce procedure for loading and unloading children from bus and
checking to ensure no children are left on the bus
10. Insure 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: 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
o. Only approved sources of water are used
p. Toilets and handwashing 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. Handwashing 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
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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
aa. Each infant is to have their own crib
bb. Walkers are not to be used
cc. Supervision is given at all times
dd. Provide safe, durable storage, low shelves for children's activities and high
shelves for adult items
ee. Toys must be made of non-toxic materials and must be sanitized regularly
ff. 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
gg. Maintain a smoke-free environment
hh. Avoiding overdressing infants during play or sleep
ii. Burping infants during and after feedings, and before they are put to sleep
CHECKLIST FOR CHILD HEALTH AND SAFETY
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
4. Posted emergency evacuation plans
a. Two planned exit routes
b. Unannounced drills, recording the drills and the time it took to evacuate
5. In event of accident or injury to a child, inform family and document the injury on an
incident form
6. 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
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7. 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
8. 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
9. 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
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 a 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
10. A designated trained staff member or nurse administers the medication
11. Parents must fill out a form for medicine distribution, including doctor’s instructions, and
parent's written authorization
12. Medication forms are kept in the child's file listing: the time and date medicine was
given, amount, name of person administering the medicine, and the dose given
13. Watch for medication reactions, record and contact parents if necessary
14. Staff knowledge of proper ways of handling medications for the safety of the children
15. 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
16. Incorporate safety practices into child and parent activities
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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
17. 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
18. Staff and volunteers must also wash their hands
a. Before and after administering medicine
b. Before and after treating a wound
c. After assisting a child in the bathroom
19. 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
20. Spills of bodily fluids must be cleaned immediately with disinfectant (red bags, table,
changing table)
21. 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
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
22. Portable potties must be emptied and disinfected after each use
23. Infant cribs should be placed three feet apart and children should sleep head to foot
a. No child is to sleep on an uncovered surface
24. Accessible first aid kits must be available, fully stocked
25. First aid kits must be restocked after each use and inventoried on a regular basis
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CHECKLIST FOR CHILD NUTRITION
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 1/2 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 non-
circular to prevent choking. Honey will not be served to children under 12 months
of age.
m. Milk is served at each meal
n. 100% juice is served
o. Meals and snacks must be scheduled, but flexible to meet the needs 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
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
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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
z. Food is not to be used for punishment or rewards
aa. Sufficient time is allowed for children to eat
bb. Children and adults prepare meals 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 laid 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 infants 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
oo. Food related activities are provided
CHILD MENTAL HEALTH
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 behavior, 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 behaviors 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
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NEVER USE CORPORAL PUNISHMENT, such as spanking with hand or any
implement, slapping, swatting, pulling hair, yanking arm, etc.
g. 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.
h. 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
1. Parents should be consulted when a health problem is suspected
2. The program should be individualized for each child by:
a. Conducting two parent-teacher conferences each year
b. Conducting two 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 a 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
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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,
willingness to cooperate, and ability to communicate toilet needs
5. Invite parents to be involved in the program development by attending 2 parent teacher
conferences and 2 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 child rearing 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
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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 plans for routines and transitions so they occur timely and predictable.
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
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 others
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
o. 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
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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
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 encouraging families to
volunteer to increase understanding of a child's culture and home routines
d. Provide trust and emotional security to enable children to explore the environment
e. Feed infants when they are hungry and comfort them when they are distressed
f. Interact with infants and toddlers by gently holding, talking and gesturing with
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them
g. Provide an emotionally secure and physically safe environment
h. Give children choices and provide opportunities for them to do things for
themselves
i. Provide opportunities for children to explore a variety of sensory and motor
experiences
j. Move infants or reposition them to have a change of scenery
k. Change or rotate toys to promote stimulation
l. Encourage movements and playfulness
m. Engage children in sensory activities
n. Interact with children face to face
o. CRIBS, HIGH CHAIRS AND CAR SEATS ARE USED FOR THEIR
INTENDED PURPOSES ONLY
p. Support the social and emotional development of children by providing
environments that encourage self-awareness, autonomy and self-expression
q. Affirm each child as an individual
r. Respond to each child's sense of pleasure in their successes
s. Use pictures of children and their families
t. Respond to children's behaviors associated with fears and needs
u. Provide opportunities for children to express themselves freely
v. Engage children in verbal and non verbal communication
w. Use descriptive language during routine activities
x. Respond to young children's first attempts at language
y. Support the physical development of children including gross motor skills:
grasping, pulling, pushing, crawling, walking and climbing
z. Assist children, rather than do the task, when it becomes frustrating
aa. Recognize developmental milestones that indicate children's changing needs for
independence
bb. Allow children to play and explore objects in a safe environment
cc. Bring objects and activities to non-mobile children
dd. Provide open and accessible indoor and outdoor space for children to practice
skills
ee. Create opportunities for fine motor development
ff. Provide activities that promote grasping, dropping, pulling, pushing, throwing,
touching and mouthing
gg. Provide activities for hand-eye coordination
hh. Implement a curriculum that is consistent with Head Start Performance standards
ii. Ensure the curriculum is comprehensive, based on child development principles,
specific goals and objectives for children's development and learning that is
achievable yet challenging
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jj. Ensuring an inclusive and developmentally appropriate curriculum
kk. Program is supportive of spontaneous learning opportunities
ll. Curriculum is intellectually engaging and meaningful
mm. Program is informed by the community, cultural beliefs, and the language
of those being served
nn. Program supports each child's individual pattern of development and learning
oo. Plan time for children's involvement in teacher planned activities
pp. Plan opportunities for children to work alone or with other children
qq. Respond to children's interests and learning styles
rr. Enable children to develop emerging skills and practice existing skills
ss. Provide for the development of cognitive skills
tt. Provide environments that offers experiences which vary in complexity
uu. Ask questions that have more than one answer to extend children's thinking
vv. Engage children in creative activities and problem-solving
ww. Integrate aspects of health, nutrition, and mental health into activities
xx. These aspects are incorporated into daily experiences: hand washing, brushing
teeth, preparing food, and talking about feelings
yy. Talk about doctor's appointments before they happen
zz. Encourage role playing before appointments
aaa. Help children develop emotional security and social relationships
bbb. Provide an environment of acceptance, and respect
ccc. Facilitate opportunities for children to develop social skills
ddd. Nurture children's friendships
eee. Model communication with conflict resolution techniques
fff. Encourage children to resolve their own conflicts
ggg. Help children manage stressful situations
hhh. Encourage individuality and self-awareness
iii. Provide individual space for each child
jjj. Use photos, drawings and tape recordings of children and their families
kkk. Model respect
lll. Provide children with opportunities to succeed
mmm. Encourage children to do things for themselves
nnn. Regularly and continually observing and recording children's behaviors
and progress
ooo. Knowing each child's capabilities and modes of learning
ppp. Include parents in ongoing assessments
qqq. Rearranging the program environment to respond to children's
developmental progress
rrr. Expanding goals for children
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Eagle County Amend Term Scope Comp Final 5/14
EXHIBIT C
FEMA ADDENDUM
OFFICE OF MANAGEMENT AND BUDGET
POST FEDERAL AWARD REQUIREMENTS FOR PROCUREMENT CONTRACTS
This is an addendum to the AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND EAGLE VALLEY CHILD CARE ASSOCIATION (the “Contract”) between Eagle Valley
Child Care Association (“Contractor”), and Eagle County, (the “County”).
This Contract is subject to the provisions of 2 C.F.R. § 200 et seq., Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, as well as
additional requirements promulgated by the Federal Emergency Management Agency (FEMA).
Notwithstanding anything contained in the Contract or this Addendum, Contractor agrees to
comply with all applicable provisions of 2 C.F.R. § 200 et seq., as amended. This Addendum is
hereby expressly incorporated into the Contract between the County and the Contractor.
Regardless of any conflict of provisions language contained in the Contract, to the extent that the
terms of the Contract and this Addendum conflict, the terms of this Addendum will control.
The applicability of the following contract provisions are described in brackets,
below. As applicable, the following provisions are hereby added and incorporated into the
above-referenced Contract:
Audit Rights
Eagle County and the Comptroller General of the United States, or any of their duly authorized
representatives, must have access to any books, documents, papers and records of the contractor
which are directly pertinent to a specific program for the purpose of making audits,
examinations, excerpts and transcriptions.
Contracting with small and minority businesses, women’s business enterprises, and labor
surplus area firms (2 C.F.R. § 200.321).
If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that
minority businesses, women’s business enterprises, and labor surplus area firms are used when
possible. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
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Eagle County Amend Term Scope Comp Final 5/14
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
Appendix II: Contract Provisions for non-Federal Entity Contracts Under Federal Awards
(A)
Breach. Any breach of the Contract by Contractor shall be governed by the Termination and
Related Remedies provision of the Contract. Additionally, in the event that the County incurs
damages as a result of Contractor’s breach, the County may pursue recovery of such damages
from Contractor. The County further retains the right to seek specific performance of the
Contract at any time as authorized by law. The County further retains the right to otherwise
pursue any remedies available to the County as a result of the Contractor’s breach, including but
not limited to administrative, contractual, or legal remedies, as well as any applicable sanctions
and penalties. Termination for cause and convenience are governed by the Termination and
Related Remedies provision of the Contract.
(B)
Termination. Termination for cause and convenience are governed by the Termination and
Related Remedies provision of the Contract.
(C)
Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity
Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b)
(Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal
Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Contractor further agrees to include this provision, including the Equal Opportunity Clause or a
reference thereto, in any subcontracts it enters into pursuant to the Contract.
(D) intentionally deleted
(E) intentionally deleted
(F) intentionally deleted
(G) intentionally deleted
(H) intentionally deleted
(I) intentionally deleted
(J)
Procurement of recovered materials (2 CFR §200.322). All parties agree to comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
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Eagle County Amend Term Scope Comp Final 5/14
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
ADDITIONAL FEMA REQUIREMENTS
i. Changes: To be effective, any change to the Contract, including the alteration of any
method, price, or schedule of work must be authorized pursuant to a written amendment
executed by the parties.
ii. Access to Records: Contractor and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing
Department and FEMA access to records, accounts, information, facilities, and staff.
iii. DHS Deal, Logo, and Flags: Contractor shall not use the Department of Homeland
Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval.
iv. Compliance with Federal Law, Regulations, and Executive Orders: FEMA financial
assistance will be used to fund the Contract. Contractor shall comply with all applicable Federal
law, regulations, executive orders, and FEMA policies, procedures, and directives.
v. No Obligation by Federal Government: The United States Federal Government is not a
party to the Contract and is not subject to any obligations or liabilities to County, Contractor, or
any other party pertaining to any matter resulting from the contract.
vi. Program Fraud and False or Fraudulent Statements or Related Acts: Contractor
acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and
Statements) applies to Contractor’s actions pertaining to the Contract.
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