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Tribal Child Care Technical Assistance Center (TriTAC)
Effective Program Strategies

WHEREAS, through this collaboration the intent is to be a leading force in enhancing the lives of Cherokee children and families, and

WHEREAS, the purpose of this Agreement is to establish working procedures between the ECU and the CCDP for the purpose of providing coordinated Early Head Start, Head Start and Child Care Services, and

Now, therefore, the parties hereby agree as follows:

TERM: The term of this Agreement shall be from October 1, 2002, through September 30, 2003, unless canceled or extended in writing by both parties.

THE CCDP AGREES TO:

1. Provide payments to the ECU for administering the daily operation of the Child Care classrooms of the ECU, located in Tahlequah, Oklahoma (3.5 miles South of Tahlequah on Highway 62) and Stilwell, Oklahoma (Route 2, Box 24-1).
   
2. Continue to maintain and submit all required annual reports.
   
3. Determine eligibility for Child Care subsidy and assist families enrolled in the Early Childhood Program.
   
4. Compensate the ECU for services rendered for ninety-six (96) subsidized slots in Tahlequah, and twenty-four (24) subsidized slots in Stilwell, in accordance with established reimbursement criteria. Said compensation shall be subject to change based on current year enrollment 2002-2003. Subsidized slots will be reviewed ninety (90) days from commencement of this MOA.
   
5. Supplemental grant funds shall be appropriated in order to allow and cover costs for subsidized slots (Include amount) in Tahlequah and (include amount) in Stilwell to provide care for children enrolled in the ECU in Tahlequah and Stilwell (see attached budgets). Supplemental grant funds are subject to change pending final CCDP budget award and a comprehensive review ninety (90) days from commencement of this MOA.
   
6. Conduct quarterly meetings to review the status of child care operations in the following areas:
   
   • Review current operational expenditures to ensure fiscal accountability
   • Review status of facilities repair maintenance, renovation and expansion
     
7. ECU will not be charged rent for space utilized for purpose of providing childcare.
   
8. Transfer grant funds on a weekly reimbursement basis to the designated Education component code. The reimbursement is inclusive of the current tribal indirect cost rate.
   
9. Childcare staff is considered an integral part of ECU. However, it will not be subjected to the Head Start Policy Council approval process.
   

THE ECU AGREES TO:

1. Provide supervision of the early childcare operations.
   
2. Incorporate the Head Start performance standards (Attachment "A"), provisions within the Head Start Act (Attachment "B"), and all subsequent mandated Head Start requirements.
   
3. Ensure the availability of comprehensive, quality driven services to eligible children and families. In addition, ECU will provide staff support, family and community coordination, training and technical assistance, as needed to ensure compliance with Head Start Performance Standards.
   
4. Provide instruction and resources to all childcare classrooms to ensure that the Cherokee language and culturally appropriate curriculum are effectively incorporated into each classroom environment.
   
5. Maintain its current hours of operation and transportation schedule.
   
6. Submit monthly reimbursement claims for Child Care subsidy slots.
   
7. Maintain current differential ratings, i. e., 2 star/ 3 star, NAEYC accreditation, etc.
   
8. Provide monthly budget tracking information to supervisory staff.
   
9. Meet and maintain all tribal, state and federal standards applicable to the authorized services being provided pursuant to this MOA.
   
10. ECU will comply with all Federal Regulations applicable to the Child Care Development Block Grant Funds.
    
11. Utilize CCDP funds for the sole purpose of providing child care services.
    
12. Comply with the provisions contained in the Child Care Provider Contract (Attachment "C").
    

RECRUITMENT AND ENROLLMENT:

The ECU shall closely coordinate recruitment and enrollment activities to achieve and maintain full enrollment.

EQUIPMENT:

Equipment purchased by CCDP and transferred to ECU shall properly be maintained and accounted for by ECU. Such equipment shall not be disposed of without prior written approval of the CCDP. At the termination of this or subsequent agreements, equipment shall be disposed of according to CCDP directives. Annual inventory will be conducted by CCDP and ECU on or before January 1 st each year during the term of this MOA. All equipment transfers shall be conducted as per Cherokee Nation Property Policies and Procedures.

EVALUATION:

1. The Executive Directors of Education Services and Human Services shall evaluate, with feedback from management staff in both programs, whether or not the partnership is functioning to the benefit of families and the  ECU and CCDP programs. Information from the collaboration assessment, the self-assessment, and the financial impact of the partnership will be reviewed. The goal is to create and implement a mutual beneficial partnership for both programs that continues to have a positive impact on Cherokee Children and families.
   
2. The Executive Directors of Education and Human Services or their respective designees, with assistance from other ECU and CCDP coordinators, shall formally or informally solicit feedback from all staff and parents  involved in the ECU/ CCDP service collaboration to assess the success of the model, management needs, communication needs, etc.
   

RECORDS MAINTENANCE AND RETENTION:

The CCDP and the ECU agree that records generated, including but not limited to, financial, programmatic, books, documents, papers, manuals and instruction materials shall remain in the care, custody and control of the respective parties. Furthermore, all records shall be maintained by the respective parties in accordance with all applicable tribal, state and federal regulations.

GENERAL PROVISIONS:

1. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the United States and where applicable, the laws of the Cherokee Nation. If it should appear that any of the Agreement terms are in  conflict with any rule of law or statutory provision of the United States, or where applicable, with any rule of law or statutory provision of the Cherokee Nation, such conflict shall be deemed inoperative and null and void insofar as it may be in conflict with such law, and shall be deemed modified to conform to such rule of law.
   
2. This Agreement contains the complete expression of the parties' agreement with respect to the subject matter hereof, and shall bind the parties, their successors and assigns. There are no previous or contemporary understandings, representations, or warranties not set forth herein. No subsequent amendment or modification of this Agreement shall be of any force or effect unless in writing and signed by the parties to be bound thereby. No provision of this Agreement shall be considered waived by the NATION unless such waiver is in writing and signed by the NATION. No such waiver shall be a waiver of any past or future default, breach, or modification of any of the provisions of this Agreement unless expressly stipulated in such waiver. The parties further state to the best of their knowledge, no employee of the NATION who exercises any functions or responsibilities in connection with the performance hereunder has any personal interest, direct or indirect, in this Agreement. This Agreement shall supersede any and all written or oral statements, agreements, and/ or representations of the parties made prior to or contemporaneously with the execution hereof. The parties agree their respective performances hereunder shall be governed by an obligation of good faith.
   
3. This Agreement may be terminated or canceled by either party upon thirty (30) days written notice of intention to the authorized representatives of each party signed below.
   
4. Alterations or waivers of provisions of this MOA shall only be valid when signed and authorized by representatives of CCDP and ECU.
   
5. The option to terminate the service collaboration is the responsibility of the Executive Directors of Education, Human Services, and office of the Principal Chief who shall terminate this MOA in writing.
   
6. This MOA shall be reviewed, and if necessary, revised on an annual basis by the parties hereto.
   
7. No change or modification of the terms and conditions of this MOA shall be effective unless reduced to writing and executed by both parties hereto.
   
8. The parties hereby agree the services specified in this MOA may not be delegated or assigned without the prior written consent of the controlling Executive Director.
   
9. No provision of this MOA shall be considered waived by either party unless such waiver is in writing and signed by both parties.
   
10. The ECU and the CCDP hereby agree to follow requirements set forth in the Family Education Rights and Privacy Act (FERPA), regarding confidentiality of all information regarding children enrolled in the Early Head Start, Head  Start and Child Care program.

IN WITNESS WHEREOF, the parties hereto have subscribed their names on the date first set forth herein.

APPROVAL:

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This page was last updated June 5, 2004.