HomeMy WebLinkAbout20031035.tiff RESOLUTION
RE: APPROVE THREE GENERAL ASSISTANCE AGREEMENTS FOR EMERGENCY
SHELTER 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 three General Assistance Agreements
for Emergency Shelter Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the following providers, with
terms commencing January 1, 2003, and ending December 31, 2003, with further terms and
conditions as stated in said agreements:
1) A Woman's Place, Inc.
2) Catholic Charities Northern
3) Greeley Transitional House, Inc., and
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, ex-officio Board of Social Services, that the General Assistance
Agreements for Emergency Shelter Services between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the above listed
providers, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
2003-1035
HA0023
RE: THREE GENERAL ASSISTANCE AGREEMENTS FOR EMERGENCY SHELTER
SERVICES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2003, nunc pro tunc January 1, 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the : °C {{ ja-\ liv
4`0 r EXCUSED
��. �.ws,T _ _
Robert D. sden, Pro- m
BY:
Deputy Clerk to the Boar.
. J. eile
APPR AS F M: / > t—°
WillilJer
oun y o ey (/
5, Glenn Vaad — -
Date of signature:
2003-1035
HA0023
Contract No.: FY03-GA-500
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES 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 into the, ??tt. day of ri f 2003 by and between the Board of
County Commissioners,on behalf of the Weld County Department o Social Services,hereinafter referred to as
"Social Services," 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 Social Services;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, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing General Assistance services to eligible individuals.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
cat 3-403.5
Contract No.: FY02-GA-500
1. Term
This Agreement shall become effective on January 1,2003, upon proper execution of this Agreement and
shall expire December 31, 2003. 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 31,2003.
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 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 Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social
Services. The Contractor shall submit all itemized monthly billings to the Social Services no later
than the tenth(10th) day of the month following the month the cost was incurred. Billings must
he 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 Social 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 Social Services.
e. Social 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 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 required 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.: FY02-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. Social Services 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.P.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 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 Social Services or with the U.S. Department of Health and Human Services,
Office for Civil Rights
Contract No.: FY02-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 Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit Social 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.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Social 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 Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social 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 Social Services and the Contractor, or by Social Services as a debt due to
Social Services 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 Social Services: For the Contractor:
Greeley Weld Housing Authorities
Thomas Teixeira, Executive Director Sharon Mitchell, Director
Name Title Name Title Contract No.: FY02-
Contract No: FY03-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: Social Services To:
Judy A. Griego,Director Rebecca Funderburk,President
P.O. Box A P.O. Box 71
Greeley, CO 80631 Greeley,CO 80632
14. Litigation
The Contractor shall promptly notify Social 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 Social Services'Director. The term"litigation" includes an assignment
for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure.
IS. 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 with respect to the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 10 herein.
Contract No: FY03-GA-500
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
ATTEST: i�,_-.., r;J/tire~ ✓`
Weld County /BO P 10 �+„ ' Y COMMISSIONERS
Clerk to the Board ':HE Lr
t i C S! T . OLO DO
Lee L�
NI
;, David E. Long, C
CSI-Zic- 3)
A,EPIDAS 'I FO!.,,:
A WOMAN'S PLACE,INC.
ounty Attorney
By:
Rebeeea F k,President
14L-l-1 Cowie 7...-Sty
GREELEY—WELD COUNTY HOUSING AUTHORITY By: ��y� A ty
Executive Director
am'
BY: � "+� s:� /r ed
Director
02033-/o35
Contract No: FY03-GA-500
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the Emergency Shelter and Case Management Services administered by Social Services,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 house etc. Case management
at this point is legal advocacy and enrolling children in school if needed. 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 on her intake agreement to
apply for food stamps,AFDC, housing, etc. Appropriate forms are given to the client at this
time. The case manager works with the client 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 self-sufficient.
At this point the client should know what she needs or wants.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 move out .
Should they not follow through,during the first through the 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 in the her file, and if there are any
infractions, it will be documented in the progress/staff notes. The signed contract is not
to be removed from the file and only viewed in the file by staff. The signed substance abuse
Contract No.: FY03 -GA-500
Exhibit A(Continued)
agreement, medical release form, house contract, infornied consent form,and release of
information form are 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. Identification of
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
safehouse safety issues complicate this issue. Many women apply for AFDC and Food
Stamps during the first week. Many of the women served have low work 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 as education is needed. By the third or
fourth week, employment and school goals become more of a reality and may be modified as
needed.
5)Look for Housing
Many clients are seeking temporary safe housing. Some may return home with restraining orders
and go back to their own residence. Many do not want to leave their homes,jobs, friends.etc.
For those in need of housing, the client is asked to apply for assisted housing within a week to
ten days. Within 30 days the client must find alternative housing. Extensions are granted only
under special circumstances.
6) Provide documentation/information and ensure updated 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
Social Services 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 Social Services for services to the individual is thirty(30)days per incident.
Contract No.: FY03-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 by Social Services.
Contract No.: FY03-GA-500
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed,
a total amount not to exceed Twenty thousand one hundred twenty one dollars($20,121)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 twenty nine
dollars ($9,829); and
b. Case management reimbursement and maximum funding level of Ten thousand two hundred ninety
two dollars($10,292).
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 Social 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 Social Services, Social Services 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 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 Social Services. 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 Social Services.
Contract No.: FY03-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 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 Social 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 finds 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 Social Services
and shall be maintained by the Contractor, in a central location and custodian, in behalf of Social 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 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.: FY03-GA-500
Exhibit C(Continued)
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 of Social 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 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 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 Social 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.
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 Social 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 Social Services'termination, for cause, of its contract
with the Contractor.
Contract No.: FY03-GA-500
Exhibit C(Continued)
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.
Contract No.: FY03-GA-400
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES 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 750-day of Apr, ,2003 by and between the Board of
County Commissioners,on behalf of the Weld County Department of Social Services,hereinafter referred to as
"Social Services,"and "Catholic Charities Northern",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 Social Services; 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,Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing General Assistance services to eligible individuals.
33-10.5
Contract No.: FY03-GA-400
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
Term
This Agreement shall become effective on January 1,2003, upon proper execution of this Agreement and
shall expire December 31, 2003. 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 31,2003.
2. Scone 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 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 Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services 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 Social 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 Social Services.
e. Social 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 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 required 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.: FY03-GA-400
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. Social Services 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. 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
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 Social Services or with the U.S. Department of Health
and Human Services, Office for Civil Rights.
Contract No.: FY02-GA-400
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 Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners. The Contractor shall permit
Social 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.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Social 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 Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social 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 Social Services and the Contractor,or by Social Services as a debt due to Social Services
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 Social Services: For the Contractor:
Greeley Weld Housing Authorities
Thomas Teixeira,Executive Director Ernest F. Giron Div Dir
Name Title Name Title
Contract No.: FY03-GA-400
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: Social Services To:
Judy A. Griego,Director John Abend,Chairman
P.O. Box A 2500 1st Avenue
Greeley, CO 80631 Greeley,Colorado, CO 80631
14. Litigation
The Contractor shall promptly notify Social 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 Social Services'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 with respect to the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 9 herein.
Contract No.: FY03-GA-400
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 COMMISSIONERS
• " \\ W D COUNTY,COLORADO
Clerk to the Board ''si
afr
By: y:
Deputy b A Davt E.Long Chair
APPROVED AS TO FO
CATHOLIC CHARITIES NORTHERN
County Atto ey ��•
By:
t "`�
De Morris, / ‘Chairman
GREELEY—WELD COUNTY HOUSING AUTHORITY By: (____ Ecutive Director
By: .� } -.f�vc<<2
Direc
02003-/035
Contract No.: FY03-GA-400
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the Emergency Shelter and Case Management Services administered by Social Services,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
Social Services 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 Social Services 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 casemanagement
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
management plan 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 participant must sign.
Contract No: FY03-GA-400
EXHIBIT A(Continued)
c. The 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
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.
vu Be Drug Free/Alcohol Free
This will be determined by the most accurate assessment of the case 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.
Contract No.: FY03-GA-400
EXHIBIT A(Continued)
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.
1) 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
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.: FY03-GA-400
EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed,
a total amount not to exceed Eighteen Thousand Seventy Four dollars($18,074) 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 Fourteen thousand six hundred eighty three
dollars ($14,683); and
b. Case management reimbursement and maximum finding level of Three thousand three hundred
dollars ($3,674.00).
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 Social 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 Social Services, Social Services 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 Social Services. 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 Social Services.
Contract No.: FY03-GA-400
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 Social 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 Social Services
and shall be maintained by the Contractor, in a central location and custodian, in behalf of Social 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 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.: FY03-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 Social 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 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 Social 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.
Contract No.: FY03-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 Social 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 Social 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 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.
Contract No.: FY03-GA-600
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND THE GREELEY TRANSITIONAL HOUSE,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 •
MAY 5 2003
Was this Agreement competitively procured?
�-
( )Yes Date Procured / /
mp noralH^in S
(X )No (Attach Waiver of Competitive Procurement f r'Assistance Agreements Form
This Agreement,made and entered into thetRgarlay of Apr;I , 2003 by and between the Board
of County Commissioners,on behalf of the Weld County Department of Social Services,hereinafter referred to as
"Social Services,"and"The Greeley Transitional House,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 Social Services 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,Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing General Assistance services to eligible individuals.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
ciao 3-1035
Contract No.: FY03-GA-600
1. Term
This Agreement shall become effective on January 1,2003 upon proper execution of this Agreement and
shall expire December 31,2003. 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, 2003.
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 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 Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services 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 by Social 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 Social Services.
e. Social 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 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 required 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.: FY03-GA-600
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. Social Services 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. 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 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 Social Services or with the U.S. Department of Health and Human Services, Office
for Civil Rights.
Contract No.: FY03-GA-600
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 Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit Social 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.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Social 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 Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social 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 Social Services and the Contractor, or by Social Services as a debt due to
Social Services or otherwise as provided by law.
Contract No.: FY03-GA-600
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 Social Services: For the Contractor:
Greeley/Weld Housing Authorities a,
Thomas Teixeira, Executive Director Linda Akers,Director
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: Social Services To:
/N wit56,44 na/
Judy A.Griego,Director �(�
Nancy Vcmrr,Rresident
P.O.Box A 1202 6th St.
Greeley,CO 80631 Greeley,CO 80631
14. Litigation
The Contractor shall promptly notify Social 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 Social Services'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 with respect to the subject matter hereof,and may not be changed or modified except as stated in
Paragraph 10 herein.
Contract No.: FY03-GA-600
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month, and year first
above written.
r
ATTEST: 1
Weld County ` BOARD OF COUNTY COMMISSIONERS
Clerk to the Board 186 •
WELD TY, COLORADO
By: , By:
David E.Long,Chair
A DASTOFe • U ,� (*.aF 3)
�! THE GREELEY TRANSITION
County Atto ey HOUSE,INC.
By:
r,President
�/l/
,Laura L5-Mar
GREELEY-WELD COUNTY HOUSING AUTHORITY By:
Executive Director
By:
Director
02005—/03.5
Contract No.: FY03-GA-600
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the Emergency Shelter and Case Management Services administered by Social Services, 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. All clients are required to participate in case
management. If they choose not to participate, they are not accepted into the program.
2. Eligible Recipients
Social Services 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 Social Services for services to the individual is thirty(30)days per incident.
b. Case management services to a homeless family eligible for such services shall:
I) be within the admittance criteria(see 1 B above)established by the Contractor: and
2) meet the definition of case management for the homeless, as defined by Social Services.
3. The Seven Client Responsibilities
The Contractor agrees to assure that all clients which are served, comply with The Seven Client
Responsibilities as established by the Interagnecy Strategic Planning Committee.
1)Abide by the Rules of the Program
2)Meet with counselor/case manager
3) Follow through With Referrals
4)Pursue Employment
5 Look for Housing
6)Provide documentation/information and ensure updated infonuation.chnage in status
7)Be Alcohol/Substance Abuse Free
Contract No.: FY03-GA-600
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed,
a total amount not to exceed Twenty one thousand eight hundred five dollars($21,805)through the Weld
County General Assistance Program. The allocation is broken down as follows:
a. Shelter reimbursement and maximum funding level of Fifteen thousand four hundred eighty eight
dollars ($15,488); and
b. Case management reimbursement and maximum funding level of Six thousand three hundred
seventeen(6,317).
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 Social 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 Social Services, Social Services 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
Contract No.: FY03-GA-600
EXHIBIT B (Continued)
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 Social Services. 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 Social Services. Billing shall be submitted no later than the tenth
(10th) of each month.
Contract No.: FY03-GA-600
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 Social 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 Social Services
and shall be maintained by the Contractor, in a central location and custodian, in behalf of Social Services,
Contract No.: FY03-GA-600
EXHIBIT C(Continued)
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.
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 Social 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 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
Contract No.: FY03-GA-600
EXHIBIT C(Continued)
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 Social 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.
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 Social 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 Social 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 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(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.
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