The URL can be used to link to this page

Browse Search

Home My WebLink About20130172.tiffRESOLUTION RE: APPROVE TWO (2) AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with two (2) Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Area Agency on Agency, and the various providers, listed as follows, commencing June 1, 2012, and ending February 28, 2013, with further terms and conditions being as stated in said agreements, and 1) Catholic Charities of Weld County 2) Greeley Transitional House WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two (2) Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the providers listed above, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of January, A.D., 2013, nunc pro tunc June 1, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNW.}3OLORADO ATTEST: Weld County Clerk to the Board BY: Dep ty ' ler APP k to t Board ounty Attorney Date of signature: ) fall 3 /-/c William F. Garcia Chair ��1v*r i lyS uglis Rademac Conway reeman rbara Kirkmeyer <aOU.( 2013-0172 HR0084 MEMORANDUM DATE: January 10, 2013 TO: William F. Garcia, Chair, Board of County Commissioners FROM: Judy A. Griego, Director, Human SJ iCe pate en I RE: Agreements for Services between the Weld County Department of Human Services and both Catholic Charities of Weld County and Greeley Transitional House Enclosed for Board approval are Agreements for Services between the Department and both Catholic Charities of Weld County and Greeley Transitional House. These Agreements were reviewed under the Board's Pass -Around Memorandum dated December 20, 2012, and approved for placement on the Board's Agenda. These Contractors agree to participate in the pilot voucher program by providing emergency shelter and case management to individuals determined eligible by Human Services or the Contractor. Each Contractor will receive an amount not to exceed $10,000.00. The term of these Agreements is June 1, 2012 through February 28, 2013. If you have any questions, please give me a call at extension 6510. Contract No. FYI 2-CSBG-CC AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CATHOLIC CHARITIES OF WELD COUNTY This Agreement, made and entered into this day of December, 2012 by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Human Services," and Catholic Charities of Weld County," hereinafter referred to as the "Contractor." W ITNESSETI I WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the County of Weld, pursuant to the Weld County Home Rule Charter, has provided Community Services Block Grant resources for emergency shelter and case management needs to needy Weld County residents as identified by Human Services or the Contractor; and WHEREAS, Human Services desires to enter into an agreement with the Contractor to assist Human Services in providing emergency services to eligible individuals. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Terms This Agreement shall become effective June 1, 2012, upon proper execution of this Agreement and shall expire February 28, 2013. 2. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for Community Services Block Grant services in compliance with Exhibit A "Scope of Services and Outcomes," a copy of which is attached and incorporated by reference. Payment Schedule Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached and incorporated by reference. The Agreement Budget shall establish the maximum reimbursement which will be paid from county funds during the duration of this agreement. b. The Contractor shall submit an itemized monthly billing to Human Services for all costs incurred pursuant to Exhibit A of this Agreement in accordance with criteria established by Human Services. Effective at the date of signature of this agreement, the Contractor shall submit all itemized monthly billings to the Human Services no later than the fifteenth (15) day of the month following the month the cost was incurred. Billings must be signed by the Contractor. Page 1 of 5 2013-0172 Contract No. FY12-CSBG-CC Failure to submit monthly billings in accordance with the terms of this agreement shall result in the Contractor's forfeiture of all rights to be reimbursed for such expenses. c. Payments to the Contractor shall be made monthly by Human Services upon receipt of such itemized billings as required under Exhibits A and B. d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Weld County funds to Human Services. e. Human Services shall not be billed for, and reimbursement shall not be made for, time involved in activities outside of those defined in Exhibit A. Work performed prior to the date of this agreement shall not be reimbursed or considered part of this Agreement. 4. Financial Management At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Community Services Block Grant must conform to the Single Audit Act of 1984 and OMB Circular A-128. 5. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. The Contractor shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. Human Services may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. 5. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included:- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.P.R. Part 80 et. seq.; and - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part 84; and - The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulation, 45 C.F.R. Part 91; and Page 2 of 5 Contract No. FY12-CSBG-CC - Title VII of the Civil Rights Act of 1964; and - The Age Discrimination in Employment Act of 1967; and - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. Certifications Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 8. Monitoring and Evaluation The Contractor and Human Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and !Inman Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners. The Contractor shall permit human Services, and any other duly authorized agent or governmental agency, to monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: a. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; b. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Human Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Human Services; Page 3 of 5 Contract No. FYI 2-CSBG-CC c. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between Human Services and the Contractor, or by Human Services as a debt due to 1-luman Services or otherwise as provided by law. 1 I. Representatives For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For Human Services: For the Contractor: John Kruse, A.P. Administrator Charlene Laus, Chief Financial Officer Name Title 12. Notice Name Title All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent: To: I Iuman Services To: Judy A. Griego, Director P.O. Box A Greeley, CO 80631 13. Litigation Enita Kearns-Hout 1442 North 1 1 °i Avenue Greeley, CO 80631 The Contractor shall promptly notify Human Services in the event that the Contractor learns of any actual litigation in which it is a party defendant in a case which involves services provided under this Agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Human Services' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 14. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. Page 4 of 5 Contract No. FYI 2-CSIBG-CC IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk tpizt e Board U6% ', i�l:a �E lliam F. Garcia, Chair JAN 1 4 2013 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APPROVED AS TO 'ORM: B .'ce Barker, County Attorney WELD COUNTY DEPARTMENT OF HUMAN SERV�CES Catjolic Charities of Weld Cozty Chief Financial Officer Page 5 of 5 Xz/3 -G/%a Contract No. FY12-CSBG-CC EXHIBIT A SCOPE OF SERVICES AND OUTCOMES 1. General Scope of Services The Contractor agrees to participate in the pilot program by providing emergency shelter and case management to individuals determined eligible by Human Services or the Contractor to be eligible for emergency shelter assistance and case management as outlined below. 2. Eligible Recipients Human Services shall be responsible for payment for emergency shelter and case management provided by the Guadalupe Community Center and Shelter. Eligibility for such services shall be determined by Human Services or the Contractor. Human Services will expend funds to reimburse Guadalupe Community Center and Shelterfor nights of stay for individuals or families. Reimbursement will be made for up to 14 nights of stay, per year, per individual or family. The reimbursement rates are as follows: 1. $25.00 per individual, which is not considered to be a part of a family; or 2. $50.00 per family Within the year, if an individual was previously a part of a family and was billed as a family, but is now at the shelter as an individual, the individual can subsequently be billed as an individual, but cannot billings cannot exceed 14 nights of stay within a given year. Reimbursement will be made if the individual or family meets the following criteria: 1. Gross family income is below 125% of poverty. 2. I las no other temporary shelter. 3. Outcomes The outcomes for this agreement are as follows: 1. If shelter residents are eligible, apply for public assistance. 2. Seventy percent (70%) of all long term or extended case management tract residents leaving the shelter must be moving into sustainable housing. 3. Seventy percent (70%) of all long term or extended case management tract residents leaving the shelter must have sustainable income (includes earned, unearned and in -kind income). 4. The contractor must provide one to two hours per household of case management on average, per week. 4. Reporting of Outcomes Outcomes must be reported to Human Services on a quarterly basis. If an individual or family is still at the shelter at the end of the reporting quarter, please note on the report that the individual or family is still at the shelter. Once the individual or family has left the shelter, please include the outcomes of that individual or family on the quarterly report following their departure from the shelter. Page 1 of I Contract No. FY I 2-CSBG-CC EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Human Services agrees to reimburse the Contractor for shelter and case manager services as described in Exhibit A for a total amount not to exceed Ten Thousand Dollars ($10,000). Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement, arc not eligible expenditures and shall not be reimbursed by Human Services. Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event that said funds, or any part thereof; become unavailable as determined by Human Services, Human Services may immediately terminate this Contract or amend it accordingly. 2. Submittal of Vouchers Billings for payment shall be submitted to the Weld County Department of Human Services, P.O. Box A, Greeley, Colorado 80632. When submitting billings for payment, the Contractor will submit and itemized billing detailing all individuals names, if available- Social Security Number and age, noting whether the individual is being billed for at an individual rate or family rate, along with a completed Community Services Block Grant Application for Homeless Shelters. Page 1 of 1 Contract No. FY12-CSBG-CC EXHIBIT C ASSURANCES 1. The Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its employees, volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. The Contractor shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, the Contractor shall provide Human Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party to this Agreement. 4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not effect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or he otherwise subjected to discrimination under this approved Agreement. 8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Agreement are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors and representatives to audit and monitor the Contractor. 9. All such records, documents, communications, and other materials shall be the property of Human Services and shall be maintained by the Contractor, in a central location and custodian, in behalf of Human Services, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if Page 1 of 4 Contract No. FYI 2-CSBG-CC audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit finding. 10. The Contractor assures that authorized local, federal and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. The Contractor of Human Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. The Contractor assures that it will fully comply with the Community Services Block Grant Program regulation promulgated, and all other applicable federal and state laws, rules and regulations. The Contractor understands that the source of funds to be used under this Agreement is: Community Services Block Grant Funds. 14. The Contractor assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department of agency. b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of this certification; and d. have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services when the Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. Page 2 of 4 Contract No. FY 12-CSBG-CC During the term of the Contract the Contractor shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, the Contractor shall submit to Human Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Human Services' termination, for cause, of its contract with the Contractor. 16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected the administration of the Community Services Block Grant Program, no information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor shall have written policies governing access to, duplication and dissemination of, all such information. Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by the Contractor in the course of providing services under this Contract will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub -contractors, 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Human Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.K.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., human Services may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Human Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Contract. If Page 3 of 4 Contract No. FY 12-CSBG-CC Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. Page 4 of 4 Contract No. n'I 2-CSI3GdGiH AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND GREELEY TRANSITIONAL HOUSE This Agreement, made and entered into this _ day of December, 2012 by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Human Services," and Greeley Transitional House," hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, the County of Weld, pursuant to the Weld County Home Rule Charter, has provided Community Services Block Grant resources for emergency shelter and case management needs to needy Weld County residents as identified by Human Services or the Contractor; and WI IEREAS, Human Services desires to enter into an agreement with the Contractor to assist Human Services in providing emergency services to eligible individuals. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 'terms This Agreement shall become effective June 1, 2012, upon proper execution of this Agreement and shall expire February 28, 2013. Scope of Services Services shall be provided by the Contractor to any person(s) eligible for Community Services Block Grant services in compliance with Exhibit A "Scope of Services and Outcomes," a copy of which is attached and incorporated by reference. 3. Payment Schedule a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached and incorporated by reference. The Agreement Budget shall establish the maximum reimbursement which will be paid from county funds during the duration of this agreement. b. The Contractor shall submit an itemized monthly billing to Human Services for all costs incurred pursuant to Exhibit A of this Agreement in accordance with criteria established by Human Services. Effective at the date of signature of this agreement, the Contractor shall submit all itemized monthly billings to the Human Services no later than the fifteenth (15) day of the month following the month the cost was incurred. Billings must be signed by the Contractor. Page 1 of 5 ,9L/ - G %%� Contract No. FYI 2-CSBG-GTH Failure to submit monthly billings in accordance with the terms of this agreement shall result in the Contractor's forfeiture of all rights to be reimbursed for such expenses. c. Payments to the Contractor shall be made monthly by Human Services upon receipt of such itemized billings as required under Exhibits A and B. d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Weld County funds to Human Services. e. Human Services shall not be billed for, and reimbursement shall not be made for, time involved in activities outside of those defined in Exhibit A. Work performed prior to the date of this Contract shall not be reimbursed or considered part of this Agreement. 3. Financial Management At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under Community Services Block Grant must conform to the Single Audit Act of 1984 and OMB Circular A-128. 4. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. The Contractor shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. Human Services may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. 5. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.; and Page 2 of 5 Contract No. FY I 2-CSBG-GTH - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part 84; and - The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulation, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - The Age Discrimination in Employment Act of 1967; and - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Human Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. Certifications Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 8. Monitoring and Evaluation The Contractor and Human Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and Human Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners. The Contractor shall permit Human Services, and any other duly authorized agent or governmental agency, to monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with agreement work. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. Remedies The Director of Human Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: a. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; Page 3 of 5 Contract No. FY 12-CSBG-G rH b. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the Human Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Human Services; c. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered from Contractor by deduction from subsequent payments under this Agreement or other agreements between Human Services and the Contractor, or by Human Services as a debt due to Human Services or otherwise as provided by law. II. Representatives For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing a new or substitute representative(s): For Human Services: For the Contractor: John Kruse, A.P. Administrator Jodi Hartmann, Executive Director Name Title 12. Notice Name Title All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent: To: Human Services To: Judy A. Griego. Director P.O. Box A Greeley, CO 80631 13. Litigation Jodi Hartmann 1206 10`h Street Greeley, CO 80631 The Contractor shall promptly notify Human Services in the event that the Contractor learns of any actual litigation in which it is a party defendant in a case which involves services provided under this Agreement. The Contractor, within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Human Services' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 14. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. Page 4 of 5 Contract No. FY12-CSBG-G H 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: Weld County CI`_, ehk io the Board BY: Deputy Clerk to/the Board APPROVED AS TO FORM: e Barker, County Attorney WELD COUNTY DEPARTMENT OF HUMAN SERVICES Judy /AGriego, CA �irec OARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO William F. Garcia, Chair Greeley Transitions Board Preside JAN 1 4 2013 Page 5of5 sex3 -1/2. Contract No. FY I2-CSI3G-G I I I EXHIBIT A SCOPE OF SERVICES AND OUTCOMES 1. General Scope of Services The Contractor agrees to participate in the pilot program by providing emergency shelter and case management to individuals determined eligible by Human Services or the Contractor to be eligible for emergency shelter assistance and case management as outlined below. 2. Eligible Recipients Human Services shall be responsible for payment for emergency shelter and case management provided by the Greeley Transitional House. Eligibility for such services shall be determined by Human Services or the Contractor. Human Services will expend funds to reimburse Greeley Transitional House for nights of stay for individuals or families. Reimbursement will be made for up to 14 nights of stay, per year, per individual or family. The reimbursement rates are as follows: 1. $25.00 per individual, which is not considered to be a part of a family; or 2. $50.00 per family Within the year, if an individual was previously a part of a family and was billed as a family, but is now at the shelter as an individual, the individual can subsequently be billed as an individual, but cannot billings cannot exceed 14 nights of stay within a given year. Reimbursement will be made if the individual or family meets the following criteria: 1. Gross family income is below 125% of poverty. 2. Has no other temporary shelter. 3. Outcomes The outcomes for this agreement are as follows: 1. If shelter residents are eligible, apply for public assistance. 2. Seventy percent (70%) of all residents leaving the shelter must be moving into sustainable housing. 3. Seventy percent (70%) of all residents leaving the shelter must have sustainable income (includes earned, unearned and in -kind income). 4. The contractor must provide one to two hours per household of case management on average, per week. 4. Reporting of Outcomes Outcomes must be reported to Human Services on a quarterly basis. If an individual or family is still at the shelter at the end of the reporting quarter, please note on the report that the individual or family is still at the shelter. Once the individual or family has left the shelter, please include the outcomes of that individual or family on the quarterly report following their departure from the shelter. Page 1 of I Contract No. FY I2-CSBG-G I II EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Human Services agrees to reimburse the Contractor for shelter and case manager services as described in Exhibit A for a total amount not to exceed Ten Thousand Dollars ($10,000). Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement, are not eligible expenditures and shall not be reimbursed by Human Services. Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event that said funds, or any part thereof, become unavailable as determined by Human Services, Human Services may immediately terminate this Contract or amend it accordingly. 2. Submittal of Vouchers Billings for payment shall be submitted to the Weld County Department of Human Services, P.O. Box A, Greeley, Colorado 80632. When submitting billings for payment, the Contractor will submit and itemized billing detailing all individuals names, if available- Social Security Number and age, noting whether the individual is being billed for at an individual rate or family rate, along with a completed Community Services Block Grant Application for Homeless Shelters. Page 1 of 1 Contract No. FYI2-CSBG-GTH EXHIBIT C ASSURANCES I. The Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board ofCounty Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its employees, volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. The Contractor shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, the Contractor shall provide Human Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party to this Agreement. 4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not effect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. 8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Agreement are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors and representatives to audit and monitor the Contractor. 9. All such records, documents, communications, and other materials shall be the property of Human Services and shall be maintained by the Contractor, in a central location and custodian, in behalf of Human Services, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if Page I of 4 Contract No. FYI 2-CSBG-G FH audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit finding. 10. The Contractor assures that authorized local, federal and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. The Contractor of Human Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. The Contractor assures that it will fully comply with the Community Services Block Grant Program regulation promulgated, and all other applicable federal and state laws, rules and regulations. The Contractor understands that the source of funds to be used under this Agreement is: Community Services Block Grant Funds. 14. The Contractor assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department of agency. b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1 1(b) of this certification; and d. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services when the Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. Page 2 of 4 Contract No. FY I2-CSBG-GFH During the term of the Contract the Contractor shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, the Contractor shall submit to Human Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Human Services' termination, for cause, of its contract with the Contractor. 16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected the administration of the Community Services Block Grant Program, no information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor shall have written policies governing access to, duplication and dissemination of, all such information. Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by the Contractor in the course of providing services under this Contract will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. 18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub -contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Human Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with al! reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Human Services may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Human Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Contract. If Page 3 of 4 Contract No. FY12-CSBG-GIN Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. Page 4 of 4 Hello