HomeMy WebLinkAbout20052043.tiff Contract No.: FY05-GA-400
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY HOUSING AUTHORITY
AND CATHOLIC CHARITIES NORTHERN,
( ) 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 into the_day of ,2005 by and between the Board of County
Commissioners,on behalf of the Weld County Housing Authority,hereinafter referred to as"Housing Authority,"and
"Catholic Charities",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 management for 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.
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Contract No.: FY05-GA-400
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on July 1,2005, upon proper execution of this Agreement and shall
expire December 31,2005. 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 by reErence.
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 the Housing Authority no later than the
tenth(10)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 by Housing 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 the 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
Contract No.: FY05-GA-400
in the Financial Management Manual adopted by the State of Colorado. The required annual audit
of all funds expended under General Assistance 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. 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
a 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 a 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
Contract No.: FY05-GA-400
conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited above. Included
of 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.
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 A t
All modifications to this agreement shall be in writing aid signed 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 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 Housing Authority. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Housing Authority,
Contract No.: FY05-GA-400
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 the 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 Helen Somersall Div Dir
Name Title Name Title
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 £ay-R:., Char \3 Lvv crovwsysasA
P.O. Box 130 3`00-1,tAvenue- 4\p() Ctv to r 'bY
Greeley,CO 80632 Grcclev,Colorado;CO S0631: vyk COVINA, CO4:52.5
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 bankruptcy,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 funding.
16. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the parties
Contract No.: FY05-GA-400
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. ��
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Weld County BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY,COLORADO ISal 1/49
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By: _ '��- / '• ♦.,vas ( �+ a•�By:
Deputy C ({
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APPROVE� S TO FORM: -
1, JUL 1 8 2005
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CAJ J4OLIC CHARITIES NORTHERN
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By: L 71'/Gf% /
Kay Rio,Chair 4c1..a°etc 9a• "oar
WELD COUNTY DEPARTMENT By:
OF HOUSING AUTHORITY Exe five Director
By:
Director
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Contract No.: FY05-GA-400
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the Emergency Shelter and Case Management Services administered 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 homeless families.
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.
b. Case management services to a homeless family eligible for such services shall consist of:
1. Families who intend to settle in Greeley or Weld County are eligible for case management
services and are in the shelter for at least five days are eligible for case management services.
The case manager will talk to with each family,explain services available and ask if the
family wishes to participate in case management. Families have the right to refuse case
management services.If families refuse case management services,the family is given a time
limit on the length of time that the family may stay at the shelter.Those families offered case
management services will be prioritized as follows depending on the case load of the case
manager:
i• one or two parent families with children;
ii. couples without children;
iii. single women;
iv. single men.
2. An assessment is completed with the family to determine needs, issues,and goals. A case
Contract No: FY05-GA-400
EXHIBIT A(Continued)
managementplan is completed and issues are prioritized to best achieve the goals.Through
the assessment and case plan worked out with the family,we are able to best determine which
families might benefit from case management and the types of intervention that will best
achieve their goals.Families/individuals must be willing to meet twice a week with the case
manager.They must be willing to set goals,make a plan for self sufficiency and work toward
reaching those goals. They must consistency fulfill client responsibilities to remain in the
case management program. In order to document that all those in case management fulfill
these criteria for acceptance,a paragraph including the criteria will be added to the disclosure
statement which the case management pa-ticipant must sign.
c. Other criteria established by the Contractor which will be used to comply with the seven basic
client responsibilities are as follows:
i. Abide by the rules of the program and facility
All clients at the time of intake are given the rules of the facility and asked to sign
off that they have read them. Rules are available in English and Spanish. If the
client has difficulty reading,the rules are read to them.Rules are enforced by staff
and anyone not observing rules is required to leave the shelter. This can be
documented and fits with the agency procedure.
ii. Meet with case manger
At the initial meeting with the case manager a schedule for further meetings is
established. In the case management plan,the need for meeting with the case
manager on an established basis is emphasized.The clients who continually fail
to comply with the meeting schedule are unable to continue in case management
simply by the fact that there is no cooperation and follow through with the plan.This
will be documented in the case file.
iii. Follow through with referrals
Referrals are generally a part of the case management plan.Clients must report back
to the case manager on the outcome of referrals.Failure to repeatedly follow results
in no implementation of the plan.Follow up on referrals is documented in the case
file.
iv. Pursue Employment
Some clients may be employed when they arrive at the shelter and in that case this
would not apply. Other situations where it may not apply would be if the client is
enrolled in an educational program.
v. Look for Housing
Contract No.: FY05-GA-400
EXHIBIT A(Continued)
Most clients do not have housing when they come to the shelter and this would not
apply. In some case,the client may already have made arrangements for housing,
but it may not be available for a week or up to a month.In these cases, it will not
apply.
vi. Provide Documentation/Information and Ensure Updated Information/Change in
Status.
Clients as part of the case management plan are required to keep the case manager
up to date on pertinent information.
vii Be Drug Free/Alcohol Free
This will be determined by the most accurate assessment of the cas manager.
Alcohol/drugs are not allowed in the shelter. If a client is suspected of having an
alcohol or drug problem,the client is referred for treatment.
3. Performance Goals
The Contractor shall meet the overall performance standard as established in the ESG plans.The Contractor
shall meet specific performance goals as follows:
A. Provide 12,000 nights of shelter and 24,000 meals for 1,150 homeless people including 100
families .
1) Increase the safety and sanitation of the shelter.
2) Implement the Quality Assurance Program.
3) Work with churches and agencies to increase awareness of issues.
B. Assist homeless families and individuals in moving toward self sufficiency.
I) Continue case management services to Weld Information and Referral Services and
Weld County Job Service
2) Work with 40 families each year on a case management plan.
3) Provide follow-up services for families participating in casemanagement after they
have left the shelter.
C. Develop adequate resources to continue shelter services
Contract No.: FY05-GA-400
EXHIBIT A(Continued)
1) Continue to document and report shelter and case management statistics
2) Work with Weld County, City of Greeley, United Way, Interagency Strategic Planning
Committee and shelter providers to develop ways to generate revenue to operate the shelter
3) Develop financial support through grant writing and continued contact with organizations
and businesses in the community.
4) Have two fund raising efforts during the year.
5) Continue to develop in-kind resources.
Contract No.: FY05-GA-400
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 Thirteen thousand two hundred thirteen dollars through the Weld County General
Assistance Program. The allocation is broken down into two categories as follows:
a. Shelter reimbursement and maximum funding level of Nine thousand eight hundred sixty three dollars
($9,863);and
b. Case management reimbursement and maximum funding level of three thousand three hundred fifty
dollars($3,350).
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 by Housing 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 determined by 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 in 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 available 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 130, 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-400
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 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 Housing 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 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 Housing 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 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 audit findings have not been resolved after a three(3)
year period,the materials shall be retained until the resolution of the audit finding.
Contract No.: FY05-GA-400
Exhibit C(Continued)
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.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor or 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 or 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 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.
Contract No.: FY05-GA-400
Exhibit C(Continued)
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 for Housing Authority 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 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 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(I)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.
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