HomeMy WebLinkAboutC03-217 The Literacy Project~` ~ ~
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AGREEMENT BETWEEN ~ '~QO~
THE COUNTY OF EAGLE, STATE OF COLORADO ~~~~a~ ® ~~
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THE LITERACY PROJECT '" ~~.1 s~ ~'-''
THIS AGREEMENT made this 12th day of August, 2003, 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 August 1, 2003, and
shall end on June 30, 2004.
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 ofself-sufficiency by
promoting job preparation, and work preparation; and, the federal goal of stabilizing families so
that children maybe 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-B for record retention requirements.)
The Contractor will initiate a Family Literacy program at Avon, Edwards and Gypsum in
conjunction Colorado Mountain College and Health & Human Services. Approximately 80
families will participate. All of the families are anticipated to be TANF eligible.
The Family Literacy Program will include:
- one-to-one literacy education for adults and youth.
- adult education in English as a Second Language through Colorado Mountain
College.
- 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 HHS Healthy Babies and Families - no charge.
- nutrition classes for parents and children through CSU Extension.
The maximum amount of this grant shall be $ 23,890 as detailed in the attached budget.
3. TERNIINATION:
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
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funds shall be returned to the County. In addition, any funds 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 funds 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 financial and programmatic records for reporting to the
County. The Contractor shall maintain all records pertaining to this Agreement for a minimum
of three years and maybe subjected to an audit by federal, state or county auditors or their
designees, as requested. If an auditor discovers misuse of funds, the Contractor shall return said
misused funds to the County. The Contractor hereby authorizes the County to perform audits or
to make inspections during normal business hours upon 48 hours notice to Contractor, for the
purpose of evaluating performance under this Agreement. The Contractor will allow access to
and cooperate with authorized Health & Human Services representatives in the observation and
evaluation of the program and records. The Contractor shall have the right to dispute any claims
of misuse of funds and seek an amicable resolution with the County.
C. Customer Service/Termination: In rendering its services, Contractor shall comply with the
highest standards of customer service to the public. Contractor shall provide appropriate
supervision of its employees to ensure the maintenance of these high standards of customer
service and professionalism, the performance of such obligation to be determined at the sole
discretion of the County. In the event that the County finds these standards of customer service
are not being met by the Contractor, the County may terminate this Contract, in whole or in part,
upon providing ten (10) days notice to the Contractor.
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, 2003; January 15, 2004; Apri115, 2004, 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.
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A final report on the program shall be due by June 15, 2004. This final report will include:
- t]ne 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. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section
504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age,
religion, political beliefs, national origin, or handicap.
G. 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 maybe 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 pmvide 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. O. Box 660 P. O. Box 608
Eagle, CO 81631 Minturn, 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.
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8. INSURANCE: At all times during the term of this Agreement, Contractor shall maintain in
full force and effect the following insurance:
Tyke of Insurance Coverage Limits
Workers' Compensation Statutory
Employers Liability, including occupational
Disease $500,000
Comprehensive General Liability, including
broad form property damage $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. 1'he Contractor shall comply with all applicable laws, resolutions, and codes.
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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, 2004 during the teen 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.RS. §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.
COUNTY OF EAGLE, STATE OF COLORADO
By and throu its B of Coup ommissioners
oe~~~co
G
By:
* * Michael L. Gallagher, C an
ATTEST: r _ ^c
Clerk to the Board of County Commissioners
CONTRACTOR: The Literacy Project
By: C~~~~
Title: ve,
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Attachment A :Budget
Literacy Is For Everyone (LIFE) Program Budget
Staffing
• Family Literacy Coordinator 9,450
15 hours per week at $14 x 45 weeks
• Family Literacy Coordinator-Gypsum 5,040
8 hours per week at $14 x 45 weeks
• 2 Teacher Aides-Avon, Edwards 5,400
Total Staffing (includes benefits) 19,890
Child Enrichment Supplies 1,000
Study Parenting Materials 2,500
Staff Training 500
Total Prograan Expenses 23,890
In-Kind Services
Classroom Space-Eagle County School District 12,000
(nightly rental of schools paid by CMC
ESL Teachers-Colorado Mountain College 10,000
Administrative Aide-CMC 4,968
Literacy Coordinator 2,160
Total In-kind 29,128
