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HomeMy WebLinkAboutC08-317AGREEMENT BETWEEN EAGLE COUNTY AND THE LITERACY PROJECT This Agreement ("the Agreement"), made this ~1 day ofd, 2008, between Eagle County, Colorado "County" and the Literacy Project, 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 the County provides in order to promote such health, safety and welfare are services that enhance the quality of early care and development; and Whereas, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, Literacy Project is a provider of Raising A Reader services and wishes participate in the BrightStart Community Early Childhood collaboration. BrightStart - is a comprehensive early childhood collaboration that addresses the multiple needs of children, families and the early childhood community with services in early care and learning, health & safety, social emotional development, and family supports. The Literacy Project provides Raising A Reader program, an evidence based literacy program designed to engage parents in daily "book cuddling" with their children, ages 0-5, fostering healthy brain development, parent-child bonding and early literacy skills critical for kindergarten success. I: SCOPE The Literacy Project shall expand the Raising a Reader program in the Eagle River Valley to an additional 150 families through childcare centers and child care homes. Total number of families receiving services is 315. Funding will be used to purchase additional materials for expansion. The Literacy Project will provide: - 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. II: TERM This Agreement is for the expansion costs for Raising a Reader and shall commence on November 1, 2008 and shall terminate on December 31, 2008. III: COMPENSATION A. The maximum amount eligible for reimbursement under this agreement is $ 20,000. Verification of expenses through receipts will be required of the Literacy Project by January 5, 2009. B. If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefor by The Literacy Project, 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 The Literacy Project 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, The Literacy Project shall forthwith return such payment to the County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by the County to The Literacy Project shall forthwith be returned to County. IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: A. The Literacy Project 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 Literacy Project that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. If the Literacy Project is a sole provider of services, they shall attach an original signed copy of Exhibit A to this Agreement. B. The Literacy Project 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 Literacy Project does not employ any illegal aliens. If the Literacy Project is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Literacy Project shall apply to participate in the Program every three months until the Literacy Project 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\emplo~egistration 2 C. The Literacy Project 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 Literacy Proj ect obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Literacy Project shall be required to: 1. Notify the Subcontractor and the County within three days that the Literacy Project 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 Literacy Project 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 Literacy Project 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 The Literacy Project violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Literacy Project shall be liable for actual and consequential damages to the County. V. TERMINATION The County may terminate this Agreement at any time and for any reason or no reason upon written notice to The Literacy Project specifying the date of termination, which date shall be not less than ten (10) days from the date of the notice. In the event The Literacy Project files for bankruptcy or is declared bankrupt or dissolves, the County may declare in writing that this Agreement is terminated, and all rights of The Literacy Project and obligations of the County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. VL THE LITERACY PROJECT'S DUTIES A. All funds received by The Literacy Project 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 the County. B. The Literacy Project shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to the County on performance if its responsibilities hereunder. The Literacy Project shall be subject to financial audit by federal, state or county auditors or their designees. The Literacy Project authorizes the County to perform audits or to make inspections during normal business hours, upon 48 hours notice to The Literacy Project, for the purpose of evaluating performance under this Agreement. The Literacy Project shall cooperate fully with authorized HHS representatives in the observation and evaluation of the 3 program and records. The Literacy Project shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. C. In rendering its services hereunder, The Literacy Project shall comply with the highest standards of customer service to the public. The Literacy Project 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 Literacy Project, the County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Literacy Project. D. The Literacy Project shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by The Literacy Project under this Agreement. The Literacy Project shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. The Literacy Project shall provide BrightStart with reports concerning services under this Agreement. Quarterly reports due on December 31, 2008, March 31, June 30, September 30 and December 31, 2009 shall include information on: - the number of participants in the program. - 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. The Literacy Project 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. The Literacy Project shall cooperate with BrightStart in providing information to parents, staff, and the public on community early childhood programs and how to access these early childhood programs for services. I. The Literacy Project 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. J. The Literacy Project shall safeguard information and confidentiality ofthe 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. K. The Literacy Project shall notify HHS immediately of all reports of suspected child abuse or neglect involving The Literacy Project, including, but not limited to, employees, volunteers and clients. HHS Contractors are considered to be mandatory reporters for suspected child abuse 4 and neglect and are to make those reports directly to HHS Children and Family Services Department - (970) 328-8840. 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: THE LITERACY PROJECT: 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 literacyna,vail.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 The Literacy Project shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of the County. The County shall terminate this Agreement in the event of any assignment without its prior written consent of the 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, The Literacy Project 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 The Literacy Project 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 The Literacy Project to the County is that of independent Contractor. No agent, employee or volunteer of The Literacy Project shall be deemed to be an agent, employee or volunteer of the 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. The Literacy Project 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 The Literacy Project, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of The Literacy Project's exercise of its privileges or performance of its obligations under this Agreement. E. The Literacy Project 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 The Literacy Project in respect of any period after, December 31st 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 The Literacy Project or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. J. The Literacy Project 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. THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, COUNTY OF EAGLE and The Literacy Project have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to the County and one to The Literacy Project. COUNTY OF EAGLE, STATE OF COLORADO By and through the County Manager B: ruce Baumgartner, Co ty Manager CONTRACTOR: The Literacy Project By: Colleen Gray r Exhibit A I, ~ 1~~~ C.~-~Gt ,swear or affirm under the penalty of perjury under the laws of the State of Colorado t t ( eck one): I am a United States Citizen I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute ยง 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. ~~~~. ~ Signature IO~z~~o~ Date 9