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HomeMy WebLinkAboutC09-084 Eagle County School DistrictAGREEMENT BETWEEN EAGLE COUNTY AND EAGLE COU NTY SCHOOL DISTRICT THIS AGREEMENT ("Agreement"), made this~~` day of ~~~'<< .~ ~, 2009, between Eagle County, Colorado ("County") and Eagle County School District, hereinafter ("School District"). WITNESSETH: WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.C. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, County, through its Department of Health & 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 licensed, quality child care services for working families; 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, School District is a provider of educating teens who are parents and/or are pregnant and wishes to participate in the Teen Parent Program, a subprogram of the BrightStart Community Early Childhood program, to assure quality early childhood services to Eagle County teens in need thereof. BrightStart -Early Childhood program is a comprehensive program that addresses the multiple needs of the child and the family with services in early care and learning, health & safety, social emotional development, and family supports. The School District will specifically provide a Teen Parent Resource Coordinator to develop relationships with teen parents through close and regular communication via phone, home visits and contact with other support agencies. The Coordinator will also mobilize and coordinate community resources to support teen parent education and successful parenting by employing best practices. The BrightStart and Teen Program make investments in these early years and bring attention to giving children the strongest start in learning, growing, social competence and understanding the world about them. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and School District enter into this Agreement. I: SCOPE 1. The Contractor will employ evidence based and age appropriate practices to coordinate community and educational resources for at least 40 teen parents enrolled in Eagle Valley accredited schools. 2. The Contractor will employ a system for identification, recruitment, and enrollment of teen parents in coordination with the Eagle County Health & Human Services, prenatal health care providers and Eagle Valley accredited schools. 3. The Contractor will mobilize community resources to support teen parent education and successful parenting. 4. The Contractor will develop individualized plans with participating teens, their extended families, and accredited educational programs which identify the essential factors for successful continuation of the teen parent's education. 5. The Contractor will provide case management services, advocacy, and support for teen parents in accessing and utilizing community resources that support teen education and successful parenting. II: TERM This Agreement shall commence on December 1, 2008 and shall terminate on August 31, 2009. III: COMPENSATION A. The maximum amount of reimbursement under this agreement is $40,560. B. If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefor by School District, 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 School District 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, School District 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 School District shall forthwith be returned to County. IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. The School District 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 School District that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. If the School District is a sole provider of services, they shall attach an original signed copy of Exhibit A to this Agreement. B. The School District 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 School District does not employ any illegal aliens. If the School District is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the School District shall apply to participate in the Program every three months until the School District 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\employerregistration C. The School District 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 School District obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the School District shall be required to: 1. Notify the Subcontractor and the County within three days that the School District 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 School District 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 School District 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 School District violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the School District 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 School District specifying the date of termination, which date shall be not less than ten (10) days from the date of the notice. In the event School District ceases operations, County may declare in writing that this Agreement is terminated, and all rights of School District and obligations of County, except for payment of accrued but unpaid fees and expenses, shall terminate immediately. 3 VI. SCHOOL DISTRICT'S DUTIES A. All funds received by School District 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. School District shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance if its responsibilities hereunder. School District shall be subject to financial audit by federal, state or county auditors or their designees. School District authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to School District, for the purpose of evaluating performance under this Agreement. School District shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. School District 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, School District shall comply with the highest standards of customer service to the public. School District 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 School District, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the School District. D. School District shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by School District under this Agreement. School District shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. School District shall comply with all federal and state rules, regulations, laws and requirements concerning restrictions on providing public benefits to persons who are not lawfully present in the United States. F. The County requests periodic written reports concerning services under this Agreement. Evaluation of program effectiveness will include: o The TANF service eligibility of teen parent participants. o The numbers and characteristics of teen parent participating in the program. o The numbers and characteristics of children of teen parents participating in the program. o The needs of teen parents and their children who are participating in the program. o The hours of service and the nature of service delivered by the provider. o Information on community partnerships, the number of referrals, the outcomes of those referrals. 4 o Academic goals of participants; academic attendance and attainment of academic goals. o Work/Career goals of participants and attainment of work/career goals. o Child care needs of participants and ability of the program to acquire services to meet those needs. o The incidence of family violence in participant families. o Recommendations for program refinement, development, and expansion in the 2009-10 school year. G. School District shall acknowledge in all public information materials that The Eagle County School District is a community BrightStart partner. H. The School District 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. School District 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. School District shall notify HHS immediately of all reports of suspected child abuse or neglect involving School District, 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 Children and Family Services Department - (970) 328-8840. School District shall participate in an annual training provided by County regarding program requirements and eligibility; child abuse and neglect reporting; and, financial and program reporting to County. 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: SCHOOL DISTRICT: Eagle County Health & Human Services Eagle County School District P. O. Box 660 P. O. Box 740 Eagle, CO 81631 Eagle, CO 81631 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 School District 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 As an entity of the State of Colorado, School District is self insured for $150,000 per person and $600,000 per occurrence as more fully set forth in the Risk Management provisions of C.R.C. §§ 29-1-201, et seq. The parties agree that such insurance shall satisfy all insurance requirements of this Agreement. The School District will provide a certificate evidencing such insurance upon the written request of the County. County represents and warrants that it maintains comprehensive general liability insurance and all coverages required by law sufficient for the purpose of carrying out the duties and obligations arising under this Agreement. XI. MISCELLANEOUS A. The relationship of School District to County is that of independent contractor. No agent, employee or volunteer of School District 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. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the extent permitted by law. The Contractor is an institution of higher education of the State of Colorado and is governed by the provisions of the Colorado Governmental Immunity Act (C.R.C. §§ 29-1-201, et seq.) and the Constitution of the State of Colorado. Nothing herein shall be construed as a waiver of immunity pursuant to such laws. E. School District 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 School District 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 School District or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. J. School District 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 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. ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: Arrr° , CONTRACTOR: Eagle County School District By: ~~ ~z-~~-dY ~~~~ IN WITNESS WHEREOF, COUNTY and SCHOOL DISTRICT have executed this Agreement in triplicate on the date set forth above. Two counterparts have been delivered to County and one to School District. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: Sara J. Fisher, Chair an ATTEST: ~ ~ ~ ~ > .,e •a Clerk to the Board o County Commission~3o~~ CONTRACTOR: Eagle County School District By: 8 1 Exhibit A 1, ,swear or affirm under the penalty of perjury under the laws of ~~~~ ~- t the State of Colorado that (check one): l am a United States Citizen l am a Permanent Resident of the United States, or lam lawfully present in the United States pursuant to Federal law. ] understand that this s~~~orn statement is required by law because 1 have applied for a public benefit. l understand that state la~~~ requires me to provide proof that l am lawfully present in the United States prior to receipt of this public benefit. l further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sv~-orn affidavit is punishable under the criminal la~~~s of Colorado as perjury in the second degree under Colorado Revised Statute § 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. if ~~ Signature ~ ,~ R ,~-, ~ ~. ~/ ~v ~r Q ~ Date ~~~ ;,~ f ~~ ,~~i ~ ii' / ~l/ U `b Il C