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Home My WebLink AboutC02-164 The Literacy ProjectI J AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO and THE LITERACY PROJECT THIS AGREEMENT made this 25th day of June, 2002, by and between the County of Eagle, State of Colorado, a body corporate and politic, ( "County ") and The Literacy Project, hereinafter ( "Contractor. ") 1. PERIOD OF AGREEMENT : This Agreement shall commence on June 25, 2002, and shall end on June 30, 2003. 2. SCOPE: The County wishes to purchase and the Contractor wishes to provide services to TANF eligible participants for a Family Literacy program that addresses the federal goal of self - sufficiency by promoting job preparation, and work preparation; and, the federal goal of stabilizing families so that children may be cared for in their own homes. For the purposes of this community investment grant, TANF eligible shall mean a parent who: > is a citizen of the United States or a legal resident of the United States, and a resident of Eagle County, Colorado; and, > has children in the home within the 5` degree of kinship; and, > whose family's gross annual income does not exceed $ 75,000. The Contractor will assure that all TANF eligible participants complete a statement affirming their eligibility for TANF services. These statements of participant eligibility will be kept on file by the Contractor for a period of three years. (See 4 -13 for record retention requirements.) The Contractor will initiate a Family Literacy program in conjunction with the new domestic violence safehouse in Eagle County and expand Family Literacy education in Avon and Edwards. Fifteen families will be served in conjunction with the domestic violence safehouse and 45 additional families will receive Family Literacy services in Avon and Edwards through the Literacy is For Everyone - LIFE - program. All of the 60 families will be TANF eligible. The Family Literacy Program in conjunction with the domestic violence safehouse will provide: > testing and matching with volunteer tutors for an individual or the entire family. > tutoring for English as a Second Language, or pre - General Equivalency Diploma services. • school -aged children with be matched with the Study Friends program. • volunteer tutors will continue service to families upon exit from the safehouse. The Family Literacy Program at Avon and Edwards is known as Literacy Is For Everyone - LIFE. The program site in Edwards is Colorado Mountain College and will provide a one - day /week program for 15 families. The program site in Avon is the Avon Elementary School which will be a two evening/week program for 30 families. The LIFE -TANF program will be a collaborative program with other community agencies and will include: > one -to -one literacy education for adults and youth. > adult education in English as a Second Language through Colorado Mountain College - no charge to the program. > child enrichment services for children under the age of 6 to provide pre - literacy services that will assure success in school. > parent -child interactive literacy activities that allows parents to learn how to become the primary teacher for their children. • parenting education services through Healthy Babies and Families - no charge. • community resource visits - Youth Foundation Bookmobile, public health, CSU extension, fire and law enforcement agencies. The maximum amount of this grant shall be $ 17,790 for both the safehouse and LIFE program based on the following budget: Planning and Coordination , Child enrichment staff 8,640 > child enrichment services for children under the age of 6 to provide pre - literacy services that will assure success in school. > parent -child interactive literacy activities that allows parents to learn how to become the primary teacher for their children. • parenting education services through Healthy Babies and Families - no charge. • community resource visits - Youth Foundation Bookmobile, public health, CSU extension, fire and law enforcement agencies. The maximum amount of this grant shall be $ 17,790 for both the safehouse and LIFE program based on the following budget: Planning and Coordination 5,150 Child enrichment staff 8,640 Child enrichment supplies 1,000 Study /parenting materials 2,500 Staff training 500 Total 17,790 In -kind services Classroom space ESL teachers 4,851 Adm Aide 4,968 Literacy Coordinator 2,160 11,979 3. TERMINATION: The County may terminate this Agreement upon ten (10) days written notice to Contractor if it is deemed by the County in its sole discretion, that the Contractor is not fulfilling the program as specified in this Agreement, or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any fin not properly expended according to project objectives shall be returned by Contractor to County. In the event the Contractor becomes insolvent, is declared bankrupt or dissolves, the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall terminate and cease immediately. 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All frinds received by Contractor under this Agreement shall be 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. B. Contractor shall maintain adequate records of matching expenditures for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and may be subjected to an audit by federal, state or county auditors or their designees, as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. g t C. The Contractor hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours written notice to Contractor, for the purpose of evaluating performance under this Agreement. D. The Contractor shall comply with all applicable rules and laws governing eligibility for services and allowable costs under the Colorado WORKS /TANF program. The Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. Contractor shall provide the County with quarterly reports concerning services under this Agreement. Reports will be due on October 15, 2002; January 15, 2003; April 15, 2003, with payments made following the receipt of reports. Such reports shall include information on: > the number of participants in the program and the percentage of TANF eligible participants. > the activities undertaken as part of the program. > the actual cost of services provided, i.e. an expenditure report for the period. A final report on the program shall be due by June 15, 2003. This final report will include: > the number of participants in the program and the percentage of TANF eligible participants. > the activities undertaken as part of the program. > the actual cost of services provided, i.e. an expenditure report for the period. > the program outcomes for the participants. F. The Contractor will provide information to all TANF eligible participants on the following: Food Stamps - Every participant must be informed that they are categorically eligible to receive at least some services and should be referred to Eagle County Health & Human Services for more information on application for benefits. Medicaid - Every participant must be informed that they may be eligible and should be referred to Eagle County Health & Human Services for more information on application for benefits. Disabilities and other Barriers - The Contractor must inform participants that they can visit the Eagle County Health & Human Services offices to receive an assessment and appropriate services that may better work with their disabilities or other barriers. Appeal Rights - The Contractor must provide participants with notice of their right to appeal to the Eagle County Department of Human Services. The Contractor will keep a record of all participants served for documentation in case of an appeal. 5. 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: THE COUNTY: THE CONTRACTOR: Eagle County Health and Human Services The Literacy Project P. 0. Box 660 P. 0. Box 608 Eagle, CO 81631 Mintum, CO 81645 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. 6. ASSIGNMENT: The Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. Any assignment without the prior written consent of County shall cause this Agreement to terminate. 7. MODIFICATION: Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. 8. INSURANCE : At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance Coverage Limits Workers' Compensation Statutory Employers Liability, including occupational Disease Comprehensive General Liability, including broad form property damage $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to Eagle County upon execution of the Agreement. 9. MISCELLANEOUS: A. The County acknowledges that this grant does not replace or supplant any current or previous funding from the County. B. The parties to this Agreement intend that the relationship of the Contractor to the County is that of independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. C. This Agreement shall be binding upon and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. D. In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs, staff time and any other claim related expense. E. The 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. F. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, incident thereto which may accrue against, be charged to or be recoverable from the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors, as a result of the acts or omissions of Contractor, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its privileges or performance of its obligations under this Agreement. G. The Contractor shall comply with all applicable laws, resolutions, and codes. H. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after June 30, 2003 during the term of this Agreement, without the appropriation therefor by the County 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). I. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. J. This Agreement supersedes all previous communications, negotiations and/or agreements between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in this Agreement. K. Contractor hereby certifies that it has read the Agreement, understands each and every term and the requirements set forth herein, and agrees to comply with the same. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have been delivered to County and one to the Contractor. COUNT AGLE, STATE OF COLORADO By and oug i rd of County Commissioners " r y" '1VfiehaeaJlagher, Chairman . •s; Clerk to the Board of County CONTRACTOR: The Literacy Project