HomeMy WebLinkAboutC07-334 The Literacy ProjectAGREEMENT BETWEEN EAGLE COUNTY
AND
THE LITERACY PROJECT
This Agreement ("the Agreement"), made this 6th day of November, 2007, between Eagle
County, Colorado ("County") and Literacy Project ("Contractor"),
WITNESSETH:
Whereas, County, through its Department 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 TANF 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.
I: SCOPE
Contractor shall coordinate and implement a Raising a Reader program in the Eagle River
Valley. Approximately 150 families will participate. Families eligible for participation under
this Agreement must be TANF eligible. The Family Literacy Program will include:
➢ Weekly book bag rotation to share age appropriate books and encourage read out loud
behavior between parents and their children under the age of six.
➢ Parent literacy related events to introduce and support participation in the program,
and to encourage and support use of libraries.
➢ Training and support of early childhood programs participating in Raising a Reader to
assure that parent involvement and parent education is occurring in conjunction with
the rotation of book bags.
➢ Coordination of all Raising a Reader activities in the Eagle River Valley.
➢ 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.
Contractor will have two staff participate in the national Raising a Reader training in California
to assure fidelity in replication of the Raising a Reader model.
II: TERM
This Agreement is for initial start up costs for Raising a Reader and shall commence on
November 1, 2007 and shall terminate on December 31, 2007.
III: COMPENSATION
A. County will compensate Contractor for performance of Raising a Reader Family Literacy
Services. The maximum amount of this grant shall be $ 20,000 as detailed in attachment A.
Payment will be made in advance for start-up expenses. Verification of expenses through
receipts and payroll documentation will be required of the Contractor by January 15, 2008.
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.
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: https•//www.vis-dhs.com\emplloyerregistration
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:
2
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. Terminate the Subcontract with the Subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the 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 (10)
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.
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 (10) 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/TANF program for those families
authorized for services to stabilize and promote family self-sufficiency. Only children 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 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. (Attachment B)
F. Contractor shall provide the County with reports concerning services under this Agreement.
Reports will be due on January 15, 2008. with payment made following the receipt of report.
The report 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.
➢ the program outcomes for the participants.
G. Contractor shall acknowledge in all public information materials that the Raising a Reader
program through the Literacy Project is a BrightStart program and that the Literacy Project is a
community BrightStart partner.
H. 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.
I. 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.
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 TANF-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
literacygvail.net
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United
States Postal Service.
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
Professional Liability Insurance
Coverage Limits
Statutory
$500,000
$150,000 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 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 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.
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 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).
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. This 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.
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.
COUN SOF EAGLE, STATE OF COLORADO
By an throu h its Board of County Commissioners
By:
A Menconi, Chairman
CTOR: The Literacy Project
By: `�
Attachment B
TANF Services Family Application
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 :
For use by service provider
Accepted for TANF service :
Must meet all the qualifiers cited above
Not Accepted for service :
Reason not accepted for service:
Date:
Date
Date
Certification of Lawful Legal Presence: (required for TANF service)
1, , 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 VI -C Contractor's Duties.
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TANF 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 financial 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 (970) 328-8840 ask to talk with Kathleen Lyons to request 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 Lyons, Civil Rights Coordinator
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
Attachment A
Budget for Raising a Reader
Start -Up Affiliate Licensing Fee 2,800.00
Travel & lodging for Start-up Training
2 Community -wide Coordinator 2,200.00
Quarterly training in San Matteo, CA
3 day training includes hotel, airfare
100 Raising a Reader bags for 150 families 15,000.00
Total 20,000.00
