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HomeMy WebLinkAboutC06-321 AGREEMENT BETWEEN EAGLE COUNTY AND THE LITERACY PROJECT This Agreement ("the Agreement"), made this 31 st day of October, 2006, between Eagle County, Colorado ("County") and Literacy Project ("Contractor"), WITNESSETH: Whereas, County, through its Depat1ment of Health and Human Services ("HHS"), works to promote the health, safety and welfare of County residents of all ages; and Whereas, among the services County provides in order to promote such health, safety and welfare are services for T ANF eligible participants to address the federal goals of self- sufficiency of stabilizing families. Whereas, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, Contractor is a provider of such services and wishes to contract with County to provide such services to County residents in need thereof. Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor enter into this Agreement. Article I: SCOPE Contractor shall conduct a Family Literacy program at Avon, Edwards and Gypsum in conjunction Colorado Mountain College and Health & Human Services. Approximately 80 families will participate. Families eligible for participation under this Agreement must be T ANF eligible. The Family Literacy Program will include: )r one-to-one literacy education for adults and youth. )r adult education in English as a Second Language through Colorado Mountain College. )r child enrichment services for children under the age of 6 to provide pre-literacy services that will assure success in school. )r parent-child interactive literacy activities that allows parents to learn how to become the primary teacher for their children. Contractor will participate in the National Head Start Family Literacy Center's SPARC Literacy (Strengthening Partnerships And Resources in Communities) training and planning. Focus will be to improve the quality and positive outcomes of family literacy efforts in the Early Head Start program and community. Article II: TERM This Agreement shall commence on July 1,2006 and shall terminate on June 30, 2007. Article III: COMPENSATION A. County will compensate Contractor for performance of Family Literacy Services. The maximum amount ofthis grant shall be $ 26,050 as detailed in attachment A (grant proposal). B. If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefor by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. Article IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 1. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2 2. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) ofthe paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 3. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 4. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. V. TERMINATION County may terminate this Agreement at any time and for any reason or no reason upon written notice to Contractor specifying the date of termination, which date shall be not less than ten (I 0) days from the date of the notice. In the event Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of Contractor and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. VI. CONTRACTOR'S DUTIES A. All funds received by Contractor under this Agreement shall be or have been 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. The Contractor shall acknowledge Eagle County as a funding partner of the Literacy is For Everyone program in all press releases, media contacts, and program reports C. Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance if its responsibilities hereunder. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes 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. Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 3 D. In rendering its services hereunder, 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 County. In the event that County finds these standards of customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part, upon ten (I 0) days notice to the Contractor. E. Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. In particular, Contractor shall comply with all applicable rules and laws governing eligibility for services and allowable costs under the Colorado WORKS/T ANF program for those families authorized for services to stabilize and promote family self-sufficiency. Only persons who have a lawful legal presence in the United States are eligible for services under this agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. The Contractor will assure that all T ANF eligible participants complete a statement affirming their eligibility for T ANF services. These statements of participant eligibility will be kept on file by the Contractor for a period of three years. (Attachment B) F. Contractor shall provide the County with reports concerning services under this Agreement. Reports will be due on December 15, 2006; March 15, 2007, with payments made following the receipt of reports. Such reports shall include information on: )r the number of participants in the program and the percentage of T ANF eligible pat1icipants. )r the activities undertaken as part of the program. )r 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 15,2007. This final report will include: )r the number of participants in the program and the percentage of T ANF eligible participants. )r the activities undertaken as part of the program. )r the actual cost of services provided, i.e. an expenditure report for the period. )r the program outcomes for the participants )r the numbers of participating families with incomes under 185% ofthe federal poverty level who were able to achieve family incomes of 185% of federal family poverty or more as a result of being connected with community services that increased the total equivalent financial resources available to the family. G. Contractor shall safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and Eagle County Health and Human Services, and the Health Information Privacy and Accountability Act. 4 H. Contractor shall notify HHS immediately of all reports of suspected child abuse or neglect involving Contractor, including, but not limited to, employees, volunteers and clients. HHS contractors are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS Youth and Family Services Division - (970) 328-8840. I. Contractor may submit quarterly billings to County. Billings will be paid through the County's usual bill paying process, except that billings for services provided through June 30, 2007 must be submitted by July 2, 2007; and billings for services provided through December 31, 2006 must be submitted by January 6, 2007 to be eligible for reimbursement. J. 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. K. Contractor must comply with the following requirements regarding all T ANF -eligible participants: Food Stamps - Contractor must inform all participants that they are categorically eligible to receive at least some services and referred to HHS for more information on application for benefits. Medicaid - Contractor must inform all participants that they may be eligible for Medicaid and referred to HHS for information on application for benefits. Disabilities and other Barriers - All participants must be informed by Contractor that they can visit HHS offices to receive an assessment and appropriate services that may better work with their disabilities or other barriers. Appeal Rights - Contractor must provide all participants with notice of their right to appeal to HHS. Contractor shall keep a record of all participants served for documentation in case of an appeal. VII. 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: COUNTY: CONTRACTOR: Eagle County Health & Human Services The Literacy Project P. O. Box 660 (mailing address) POB 608 (551 Broadway- physical location) Minturn, CO 81645 Eagle, CO 81631 970-328-0774 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. 5 VIII. ASSIGNMENT Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. County shall terminate this Agreement in the event of any assignment without its prior written consent of County. IX. MODIFICATION Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. X. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance Workers' Compensation Employers Liability. including occupational Disease Comprehensive General Liability. including broad form property damage Coverage Limits Statutory Professional Liability Insurance $500.000 $ I 50.000 per person and $600.000 per occurrence or as specified in the Colorado Governmental Immunity Act. whichever is greater. $ 500.000 per occurrence Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. XI. MISCELLANEOUS A. The relationship of Contractor to County is that of independent contractor. No agent, employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of County. B. In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. C. 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. D. Contractor shall indemnify and hold harmless County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors fi'om 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 County, its Board of Commissioners, and the 6 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. E. Contractor shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions, and codes. F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after, December 31 st of the calendar year of the Term of this Agreement, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 ofthe 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). G. 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. H. 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. I. Th is Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. 7 J. Contractor 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, County and Contractor have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to Contractor. COUNTY OF EAGLE, STATE OF COLORADO By and through its of CONTRACTOR: The Literacy Project By: 8 r, Eagle County Temporary Assistance for Needy Families Funds Grant Proposal 2006-07 Submitted by The Literacy Project P.O. Box 608 D Minturn, CO 81645 970-949-5026 G 2 2 2006 Achieving Self-Sufficiency HEALTH & HUMAN SERVICES The mission of family literacy is to establish literacy as a value in every family, by helping every family understand that the home is the child's first school, that the parent is the child's first teacher, and that reading is the child's first subject; and to break the intergenerational cycle of illiteracy, by supporting the development of family literacy programs where parents and children can learn and read together. The family is one of the most powerful indicators of success for future generations. The economic stability of parents can and will affect the paths open to their children and the choices children will make along the journey. For some families, education may take a back seat to priorities such as financial well-being, health, and safety-not by choice, but by necessity or lack of opportunity. Therefore, The Literacy Project is collaborating with Colorado Mountain College to make education accessible to families in Eagle County. The Literacy Project's family literacy project, Literacy is For Everyone or LIFE program, is held at Colorado Mountain College's Edwards site, Avon Elementary School and the Gypsum Elementary School. The Edwards program serves 20 families on Tuesday and Thursday mornings, the Avon and Gypsum sites are two evenings/week and each provides services for 30 families. A total of 80 families receive literacy education. Parents are enrolled in Colorado Mountain College's English as a Second Language classes while children are enrolled in a literacy enrichment program provided by The Literacy Project. The purpose of instruction is to deliver age appropriate education to prepare children for success in elementary school. Parent/Child time provides interactive literacy activities between parents and their children and creates a supportive network for mothers. The Literacy Project has provided programs designed to meet individual learners ' needs since July of 1990. In addition to family literacy, The Literacy Project provides free one-to-one tutoring to adult individuals, sixteen and older, whose literacy proficiency is below the eighth grade level. Students receive assistance in such areas as GED preparation, reading, writing, mathematics and English as a Second Language. The aim of tutoring is to increase literacy skills so that advances can be made in the workforce, socially and economically. The program involves testing students to determine literacy levels, training tutors and providing each student and tutor with appropriate study/learning materials and support. Promoting Healthy Family Relationships Parents who participate in family literacy programs increase their interest in education, show more positive parental attitudes, increase their interaction with their children, increase their involvement with their children's schools, and increase their comfort level and interaction with their children's teachers. Reasons to Support Family Literacy: 1. Family literacy supports parents in their role as their child's first and most influential teachers. 2. Family literacy fosters community engagement. Family literacy programs connect families isolated by poverty with community and peer support networks. 3. Family literacy promotes advancement to higher paying jobs and self-sufficiency through English as a Second Language classes. 4. Family literacy improves the literacy level of parents and eliminates employment barriers. 5. Family literacy helps children succeed in school. 6. Family literacy capitalizes on the parent-child relationship. 7. Family literacy breaks the cycle of low educational attainment and poverty. 8. The parent's educational attainment is one of the best predictors of a child's academic success. 9. Family literacy is a comprehensive strategy designed to serve families in need by assisting parents to improve their literacy skills while helping their children succeed in school. Family literacy programs such as Literacy Is For Everyone provide parents with the opportunity to learn more about child development, good health, and proper nutrition through parent support groups that enable them to discuss health and parenting issues. As the education level of the parent improves so does their children's success in school. The best predictor ofa child's educational success is the parents' educational attainment. Helping low literate adults improve their basic skills has a direct and measurable impact on both the education and quality of life of their children. Children of adults who participate in literacy programs improve their grades and test scores, improve their reading skills and are less likely to drop out of school. All children in the Literacy Is For Everyone program enjoy opportunities to share stories and books in the classroom, but this experience is not enough. Too many children do not have the pleasure of listening to stories read or told by a family member; they may seldom see their parents use reading or writing skills to solve everyday problems. Often there are too few or nor reading materials for children or adults in their homes. LIFE parents are acquiring the skills to personally demonstrate to their young children that they believe reading is valuable. They model the everyday use of reading as a way to "find out about things" and writing as a way to "tell about things." Parents with the most basic levels of literacy skills can, with support and direction, playa very significant role in establishing their children's values about literacy. They can also help make their own dreams for their children's educational future become a reality. How Do We Collaborate With Other Community Agencies? · Colorado Mountain College provides adult basic education and English as a Second Language classes; · The Literacy Project provides literacy enrichment to children 3-5, as well as a homework help to kindergarten through sixth grade; · The Literacy Project will provide literacy education to families enrolled in programs of Eagle County Health and Human Services. · Youth Foundation Book Mobile delivers children's books for weekly check-out; · La Raza trains trainers who provide parenting skills to parents enrolled in LIFE; · Community agencies such as fire departments, health nurses, sheriff departments, CSU Cooperative provide education for parents and their children; · Eagle County School District refers students. Goal for 2006-07 In addition, enrolled parents will increase their literacy skills by 10 points (i.e. from high beginner to low intermediate or from low intermediate to high intermediate) for 80 participants and 84% of the children's literacy level will increase as measured on the Head Start Pre-School measure. Additional Programming The family literacy coordinator has an extensive background in science and will create a hands-on science program for both the pre-school aged children and the K-5 elementary school children. The experiential format will create interest in learning during the three hour evening block. Our Clients The primary beneficiaries of The Literacy Program are 400 adult students, 16 and older, whose literacy proficiency is below the eighth grade level; and 90 academically at-risk middle school students. The Literacy Project improves access to literacy education by providing flexibility in scheduling tutoring sessions, and confidentiality. In addition, when transportation and daycare problems exist our tutors teach in the students' home. These individuals are low-income with low-level literacy skills and limited English proficiency. The LIFE program enrolls 80 families for 45 weeks annually during Colorado Mountain College's fall, spring and summer semesters. As well as working with adults and children, The Literacy Project provides Homework Helpers, assistance with homework during the school year. - Amount Requested from TANF: LIFE BUDGET Staffing · Family Literacy Coordinator-Edwards and Avon · See attached job description · Family, Literacy Coordinator-Gypsum · Two Teacher Aides-Avon and Edwards Total Staffing (includes benefits) Child Enrichment Supplies Study Parenting Materials Staff Training Total Program Expenses In-Kind Services Classroom Space-Eagle County School District (nightly rental of schools paid by CMC) ESL Teachers-Colorado Mountain College Administrative Aide-CMC Literacy Coordinator Assistant Professor of English as a Second Language (2/wk x 45) Total In-kind $26,050 20,250 8,100 7,560 35,910 3,500 500 1,000 40,910 12,000 15,000 5,968 11,250 2,700 30,968 REC IVED A 22 Family Literacy Coordinator Job Description HEAl TH & HU - MAN SERVICES Summary of Job Description: Coordinate and implement family literacy services to children and their parents, leads planning development of literacy strategies, and coordinates community interagency collaboration. Develops and instructs children in activities designed to promote social, physical, and intellectual growih. Plans individual and group activities to stimulate language, social and motor skills, such as learning to listen to instructions, playing with others and using play equipment. A Definition of Family Literacy: Family literacy is built on the premise that parent involvement is a process, not an event. Process refers to training and support for parents regarding how to be the primary teacher for their children and partners in the education of their home. Components: English as a Second language; developmental classes for children; Parent and Child Together Time Activities (PACT) and parenting workshops. Qualifications: Bachelor's Degree in Early Childhood Training or equivalent with a minimum of 2 years experience in early intervention, experience with preschool aged children a plus; effective communication and interpersonal skills. Two literacy aides assist this position. 1. Organize outreach and recruitment, make initial contact with families; local elementary schools, churches, and health care providers. Develop open communication channels between schools, families, and community members in support of education. 2. Record all children, enroll children and families, answer questions during registration; 3. Plan and implement literacy based lessons that are developmentally and individually appropriate; preparing children for kindergarten. 4. Work with assistants to develop specific activities; balance activities: indoors and outdoors, quiet and active, individual/small group/large group activities, child initiated and staff initiated. 5. Develop and implement monthly literacy activities with parents and children, incorporate physical fitness with children and nutrition for parents and children; human growth and development, at home educational activities. Provide a variety of opportunities for parents and educators to interact in small and large group activities aimed at strengthening families and learning. 6. Develop and open the communication channels between schools, families, and community members in support of education. 7. Observe and record on each child in their designated group, and communicate with parent regarding child progress; 8. Manage pre-school classes and homework help for K-5 graders; 9. Responsible for classroom management and behavior with all groups; 10. Continue personal training and development of professional skills. Participate in training and team meetings to develop family literacy activities. T ANF Services Family Application ATTACHMENT B Please circle the answer that best describes you and your family. 1. Is the person to receive this service a US citizen or legal resident? Yes or No 2. Do you have a dependent Child in your home that is related to Yes or No you to the fifth degree of kinship who will be receiving services? (son, daughter, niece, nephew, cousin, grandchild) 3. Is your household's gross income less than $75,000 a year? Yes or No 4. Are you employed? Yes or No What service are you requesting? Signed: Date: For use by service provider Accepted for T ANF service: Date Must meet all the qualifiers cited above Not Accepted for service: Date Reason not accepted for service: Certification of Lawful Legal Presence: (required for TANF service) I, , attest that I have seen the original of the following document And that the attached photocopy is a true copy of that original document. Applies to Adults 18 and over: _Affidavit of lawful legal presence, plus Colorado Driver's license or ID card US Military ID US Merchant Mariner ID Native American Tribal Document For Children under the age of 18: birth certificate Date the applicant/participant provided a written notice of their rights. For the Service Provider: Date: This application is to be completed by the participant family and kept on file by the provider in accordance with the provisions of record retention in Section III- B Contractor's Duties. T ANF Service Participant Notice For your protection it is important to read the following carefully. You are categorically eligible for Food Stamps. Please contact Health and Human Services at (970) 328-8840 for information regarding the financial eligibility requirements for Food Stamps or to request an application. You may be eligible for Medicaid. Please contact Health and Human Services at (970) 328- 8840 for information regarding the fmancial eligibility requirements for Medicaid or to request an application. Disabilities and Other Barriers: If you have a disability or other barrier for participation in services, you can contact Health & Human Services to receive an assessment and to be connected to appropriate services that may better work with your disability or other barriers. Appeal Rights: If you think your service provider or Eagle County Health & Human Services has been unfair or has made a mistake concerning your eligibility or the amount of your benefits, you have the right to appeal either verbally or in writing. This means you will be given a chance to present your case for a review by persons not responsible for the original decision to be sure the provider or county action was a proper one. At your hearing you may have legal counsel, a relative, a friend or you may represent yourself. If you want a hearing, call Kathy Reed at (970) 748-2005 for a county hearing or conference. If you still disagree after the hearing or if you wish to skip the county hearing, write to or request the county department to write to: Division of Administrative Hearings 1120 Lincoln, Suite 1400 Denver, Colorado 80203 If you think that the service provider or Eagle County Health & Human Services treated you differently from others because of race, color, sex, age, religion, political belief, national origin, or handicap, let us know by writing to: Eagle County Health & Human Services Attn: Kathleen Forinash, Director P.O. Box 660 Eagle, CO 81631 or Division of Administrative Hearings 1120 Lincoln, Suite 1400 Denver, Colorado 80203 or The Secretary of Health and Human Services 370 L'Enfant Promenade, S.W. Washington, D.C. 20447