HomeMy WebLinkAbout20052042.tiff Contract No.: FY05-GA-500
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY HOUSING AUTHORITY
AND A WOMAN'S PLACE,INC.
( ) Purchase of Vision Services Agreement
( ) Purchase of Dental Services Agreement
(X ) Purchase of Emergency Shelter Agreement
( ) Purchase of Prescription Services Agreement
(X ) Purchase of Case Management Services for the Homeless
Was this Agreement competitively procured?
( )Yes Date Procured / /
(X )No (Attach Waiver of Competitive Procurement for General
Assistance Agreements Form
This Agreement,made and entered inb the day of ,2005 by and between the Board of
County Commissioners,on behalfof the Weld County Housing Authority,hereinafter referred to as"Housing
Authority,"and"A Woman's Place, Inc."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 general
fund resources for General Assistance services to needy Weld County residents as identified by Housing
Authority;and
WHEREAS,the County of Weld has an approved plan to distribute shelter and Case Management
Resources provided under general fund resources;and
WHEREAS,the Contractor meets the definition for a shelter and serves the homeless,as defined by the
Emergency Shelter Grant regulations under the Department of Housing and Urban Development;and
WHEREAS,the Contractor meets the definition for a provider of case managementfor the homeless, as
defined by the Emergency Shelter Grant regulations under the Department of Housing and Urban Development;
and
WHEREAS, Housing Authority desires to enter into an agreement with the Contractor to assist Housing
Authority in providing General Assistance services to eligible individuals.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
JUL 1 3 2005
� ` "Sz" 1-/P -dODT 2005-2042
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Contract No.: FY05-GA-500
1. Term
This Agreement shall become effective on July 1,2005,upon proper execution of this Agreement and
shall expire December 31,2004. The Contractor agrees that time is essence in their performance of its
obligations under this Agreement,and that completion of the Project shall occur no later than the
termination date of December 31,2005.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for General Assistance services in
compliance with Exhibit A "Scope of Services,"a copy of which is attached and incorporated ly
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 toHousing Authority for all costs
incurred pursuant to Exhibit A of this Agreement in accordance with criteria established by
Housing Authority. The Contractor shall submit all itemized monthly billings to theHousing
Authority no later than the tenth(10th)day of the month following the month the cost was
incurred. Billings must be signed by the Contractor.
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 byHousing Authority 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 Housing Authority.
e. Housing Authority 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
execution of this Contract 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 requied annual audit of all funds
expended under General Assistance must conform to the Single Audit Act of 1984 and OMB Circular A
128.
Contract No.: FY05-GA-500
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. Housing Authority may withhold any payment if the Contractor has failed to comply with the
Financial Management Requirements,program objectives,contractual terms, or reporting
requirements.
6. 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.
7. 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
-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.99603;
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 in 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 Housing Authority or with the U.S. Department of Health and Human
Services, Office for Civil Rights
Contract No.: FY05-GA-500
8. 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.
9. Monitoring and Evaluation
The Contractor and Housing Authority agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and Housing Authority. The results of the monitoring
and evaluation shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit Housing Authority, 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.
10. Modification of Agreement
All modifications to this agreement shall be in writing andsigned by both parties.
11. Remedies
The Director of Housing Authority 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 perfornan¢
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 Housing Authority. Denial of the amount of payment
shall be reasonably related to the amount of work or deliverables lost to Housing Authority,
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 Housing Authority and the Contractor,or by Housing Authority as a
debt due to Housing Authority or otherwise as provided by law.
12. 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 Housing Authority For the Contractor:
Greeley Weld Housing Authorities
Thomas Teixeira,Executive Director Ellen Szabo Director
Name Title Name Title
0
Contract No.: FY05-GA-500
13. Notice
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: Housing Authority To:
Thomas Teixeira,Director
P.O.Box 130 P.O. Box 71
Greeley,CO 80632 Greeley,CO 80632
14. Litigation
The Contractor shall promptly notify Housing Authority 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 Housing Authority Director. The term "litigation" includes an
assignment for the benefit of creditors,and filings in bankuptcy,reorganization and/or foreclosure.
15. 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 finding.
16. 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 10 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 BOARD OF COUNTY C MMISSIONERS
Clerk to the Board �.�.w� � WELD
CO ,COLORADO
186By: . i r4�1i0 By: 27
Dep�! j
pn�p M. S. Gei1ePlan,Chair Plan,
O DASTO • ' %I JUL 1 8 2005
���r A WOMAN'S PLACE, INC.
C.A�'A omey
By:
Diana Bratton, President
WELD COUNTY HOUSING AUTHORITY
By:
Executive Direc
By:
Executive Director
FY05-GA-500
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the Emergency Shelter and Case Management Servicesadministered by Housing Authority,the
Contractor agrees to participate in the program by providing:
A. Emergency shelter services to an individual or family who does not have a place to stay for the
night and does not have the financial resources to secure a place to stay.
B. Case management services to a homeless family eligible for such services shall consist of the
following participant criteria
1)Introductory Contact
The first 2-4 days at A Woman's Place is spent doing crisis intervention,domestic violence
assessment and education,a safety plan,and adjustment to the hotse etc. Case management at
this point is legal advocacy and enrolling children in school if nwded. Individual and group
counseling is the requirement at this time
2)Within a week
The case manager reminds the client that she must follow through m her intake agreement to
apply for food stamps,AFDC,housing,etc. Appropriate forms are giver to the client at this
time. The case manager works with the dient to fill these forms out if necessary. Client may
begin to identify needs and problems.
3)Second Week
Case manager follows up with the client to determine if the client has made contact with the
referral resource. A case management check list will be used for appropriate referrals and
follow up. Client continues to look at problems and how to solve them.
4)Third Week
The client has settled down and must be committed to developing a plan for stabilizing her
life. This may include school,employment, life skills,etc. The client must demonstrate what
she intends to do to keep herself out of an abusive relationship and become sel€sufficient.
At this point the client should know what she needs orwants.The case manager utilizes her
A-Z Resource Guide for referrals.
5)Fourth Week
Most clients have followed their plans and have found housing, so they can moveout.
Should they not follow through,during the first throughthe fourth week,they will be given
a verbal or written warning and asked to leave.
C.The Seven Client Responsibilities
1)Abide by the Rules of the Program
A client's signed contractual agreement will be place inthe file, and if there are any
infractions, it will be documented in the progress/staff notes. The sigred contract is not to be
removed from the file and only viewed in the file by staff. The signed substance abuse
Contract No.: FY05-GA-500
Exhibit A(Continued)
agreement,medical release form,house contract, informed consent form,and release of
information form is placed in her file,and any infraction on these will be recorded.
2)Meet with Counselor/Case manager
The client is required to meet with the case manager two times a week. The case manager At
a Glance Checklist will be utilized and placed in the file. Another form called Case
Management Notes will be used to document case management activities. Identificationof
problems/obstacles will be documented as well as how to overcome obstacles.Another sheet
called the Legal Advocacy form will be incorporated to document legal activities, which will
permit better documentation.
3)Follow through With Referrals
Safety issues and crisis intervention are the top priority during the first four days. Follow up
activities will be documented in the Case Management Notes.
4)Pursue Employment
Some clients have employment and continue to be employed. For any women served by the
safe house safety issues complicate this issue. Many women apply for AFDC and Food
Stamps during the first week. Many of the women served have lowwork skills or have not
been employed since high school. An assessment is made through the case management plan
to determine if employment skills enhancements such aseducation is needed. By the third or
fourth week, employment and school goals become more of a realityand may be modified as
needed.
5)Look for Housing
Many clients are seeking temporary safe housing. Some may reUrn home with restraining
orders and go back to their own residence.Many do not want to leave the r homes,jobs,
friends, etc.For those in need of housing,the client is asked to apply Sr assisted housing
within a week to ten days. Within 30 days the client must find altemativehousing.
Extensions are granted only under special circumstances.
6) Provide documentation/information and ensureupdated information/change in status. Use a
goal sheet that will reflect goal changes and Case Management Notes will also better reflect
changes in status and updated information.
7) Be Alcohol/Substance Abuse Free
Signed agreement restricting usage will be placed in each client's file. Any infraction will be
documented in the Case Management or Staff Notes sheets.
2. Eligible Recipients
Housing Authority shall be responsible for payment of:
A. Emergency shelter services provided by the Contractor to eligible recipients. Eligibility for such
services shall be within the admittance criteria established by the Contractor. The maximum
days of reimbursement by Housing Authority for services to the individual is thirty(30)days per
incident.
Contract No.: FY05-GA-500
Exhibit A(Continued)
B. Case management services to a homeless family eligible for such services shall:
1) be within the admittance criteria established by the Contractor;and
2) meet the definition of case management for the homeless, as defined byHousing
Authority.
Contract No.: FY05-GA-500
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Housing Authority agrees to reimburse to the Contractor, in consideration for the work and services
performed,a total amount not to exceed twenty two thousand three hundred thirty dollars($22,330.oq
through the Weld County General Assistance Program. The allocation is troken down into two
categories as follows:
a. Shelter reimbursement and maximum finding level of thirteen thousand seven hundred eighty
three dollars($13,783);and
b. Case management reimbursement and maximum funding levelof eight thousand five hundred
forty seven dollars(8,547)
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement,
are not eligible General Assistance expenditures and shall not be reimbursed byHousing Authority.
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 determinedby Housing Authority,Housing
Authority may immediately terminate this Contract or amend it accordingly.
2. Fees for Services
a. Fees for services shall be charged by an individual in accordance with criteria set for the Exhibit
A. Emergency shelter services shall be limited to a maximum stay of thirty(30)days per
incident.
b. Prompt billing for completed services is imperative. No authorizations shall be made for
billings submitted more than 120 days after the date of service.
c. The maximum reimbursement rate under the agreement shall be the sum of$13.75 per
individual per night shelter care and$327.00 per unit cost for case management of a homeless
family.
d. The Contractor agrees to pursue available resources from the client that may be availthle to
alleviate the need for general assistance.
e. The Contractor agrees to not pursue general assistance for any person who has sufficient
resources to alleviate the need for general assistance.
3. Submittal of Reimbursement Forms
Billings for payment shall be submitted to the Weld County Housing Authority,P.O. Box I30,Greeley,
Colorado 80632. When submitting billings for payment,the Contractor shall itemize all costs according
to the reimbursement form provided by Housing Authority. The Contractor must, in the billing
statement, include client name,eligibility code, Social Security Number,date of arrival,date of
departure,total days housed and the number of children. Failure to comply with these provisions shall
result in disapproval of the charges by Housing Authority.
Contract No.: FY05-GA-500
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 negigent 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 provideHousing Authority 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 Ageement 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 goveming bodies shall have
any pecuniary interest,direct or indirect, in the approved Agreement orthe 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 ofHousing
Authority and shall be maintained by the Contractor, in a central location and custodian,in behalf of
Housing Authority, 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 onbehalf of the federal
and/or state government has begun but is not completed at the end of the three(3)year period, or if 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
Contract No.: FY05-GA-500
Exhibit C(Continued)
business hours,have access to inspect any copy records,and shall be allowedto 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.
11. This Agreement shall be binding upon the parties hereto,their successors,heirs, legal representatives,
and assigns. The Contractor of Housing Authority 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 General Assistance 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: General Assistance 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 ofEnse 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,tribery,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 if 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 Housing Authority
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.
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 Housing Authority,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 forHousing Authority
termination, for cause, of its contract with the Contracbr.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained
Contract No.: FY05-GA-500
Exhibit C(Continued)
in accordance with this Contract. Except for purposes directly connected the administration of the
General Assistance 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 informationrelating 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 ofthis 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.
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