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Home My WebLink About960091.tiff RESOLUTION RE: APPROVE FOUR GENERAL ASSISTANCE AGREEMENTS FOR SERVICES WITH A WOMAN'S PLACE, INC., CATHOLIC CHARITIES NORTHERN, THE GREELEY TRANSITIONAL HOUSE, INC.,AND WELD INFORMATION AND REFERRAL SERVICES, INC. (WIRS), 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 four General Assistance Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and A Woman's Place, Inc., Catholic Charities Northern, The Greeley Transitional House, Inc., and Weld Information and Referral Services, Inc. (WIRS), commencing January 1, 1996, and ending December 31, 1996, with further terms and conditions being as stated in said agreements, 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 four General Assistance Agreements for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and A Woman's Place, Inc., Catholic Charities Northern, The Greeley Transitional House, Inc., and Weld Information and Referral Services, Inc. (WIRS), be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A.D., 1996, nunc pro tunc January 1, 1996. BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORAD r�,c,/ flLU/01ü WE a Jt `</ �f Barbara J. Kirkmeye Char y Clerk to the Board Ai - ci ,‘., rge Baxter, ro- - « I , ., uty Clerk the Board -- ( C. Dale K. Hall APP AST FORM ( 'e.-rs,/ eQ,/%� i:�lI y Constance L. Harbert /� C f I nt tt r y �i', W. :We ster 5,c5.; 19w/2, 6.c-iv; e T 960091 CA : /f U✓(.E'S SS0022 Contract No. : FY96-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 thep,Jday of January, 1996, 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. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term 1 of 6 960091 Contract No. : FY96-GA-400 This Agreement shall become effective on January 1, 1996, upon proper execution of this Agreement and shall expire December 31, 1996. 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, 1996. 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 fifteenth (15) 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. 3. Financial Management At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under General Assistance must conform to the Single Audit Act of 1984 and OMB Circular A-128. 2 of 6 960091 Contract No. : FY96-GA-400 4. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. the Contractor shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. 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. 5. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq. ; and - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part 84; and - the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementation regulation, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967; and - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the 3 of 6 960091 Contract No. : FY96-GA-400 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. 7. Certifications Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 8. Monitoring and Evaluation The Contractor and 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. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. 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 4 of G 960091 Contract No. : FY96-GA-400 a debt due to Social Services or otherwise as provided by law. 11. 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: James Sheehan, Housing Director Mary Orleans, Director Name Title Name Title 12 . 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 Thomas David, President P.O. Box A 1054 Tranquil Lane P.O. Box 1556 Greeley, CO 80631 Estes Park, CO 80517, CO 8063 13 . 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. 14. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. 5 of 6 960091 Contract No. : FY96-GA-400 N WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ifeA ..T• Ma? L 4r Weld o Y BOARD OF COUNTY COMMISSIONERS sg t lYClr$rl2 to he Board WELD COUNTY, COLORADO \ ' i' ,� i _ ► . \ ti �° CO�� ^'�� 1-- C-gLA—' By: i,G K:sit ': / �.� - +�� 'eputy Clerk ! Barbara J. �Kirkmeydr, Chair (4 /9ti) APPROVED AS TO FORM: CATHOLIC CHARITIES NORTHERN o nt o ney fri-By: a6�i'--' VI C4:-- President WELD COUNTY DEPARTMENT BY: ":„;Z -T,.)C/ F/t/lr OF SOCIAL SERVICE Executive Director By: Di ect f L 6 of 6 960091 Contract No. : FY96-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. All families who intend to settle in Greeley or Weld County 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: 1 of 3 960091 Contract No. : FY96-GA-400 EXHIBIT A (Continued) 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 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 casemanagement 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. 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 rues 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 2 of 3 960091 Contract No. : FY96-GA-400 EXHIBIT A (Continued) 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. vii 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. : FY96-GA-400 EXHIBIT A (Continued) 3 . Weld Information and Referral Services Social Services shall submit to Weld Information and Referral Services copies of reimbursement forms completed and submitted by the Contractor for purposes of information and tracking coordination. 3 of 3 960091 1 Contract No. : FY96-GA-400 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 Eighteen Thousand Eighty Dollars ($18, 080) as follows: a. Shelter reimbursement and maximum funding level of Fifteen Thousand Nine Hundred and Eighty Dollars ($15, 980) ; and b. Case management reimbursement and maximum funding level of Two Thousand One Hundred Dollars ($2,100) . 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 $10.18 per individual per night shelter care and $357.00 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. 1 of 2 960091 Contract No. : FY96-GA-400 EXHIBIT B, (Continued) Billings for payment shall be submitted to the Weld County Department of Social Services, P.O. Box A, 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. 2 of 2 960091 Contract No. : FY96-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. 1 of 4 960091 Contract No. : FY96-GA-400 EXHIBIT C (Continued) 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. 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 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. 2 of 4 960091 Contract No. : FY96-GA-400 EXHIBIT C (Continued) 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. 3 of 4 360091 Contract No. : FY96-GA-400 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 (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. 4 of 4 960091 Contract No. : FY96-GA-700 GENERAL ASSISTANCE AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND WELD INFORMATION AND REFERRAL SERVICES, INC. ( ) Purchase of Vision Services Agreement ( ) Purchase of Dental Services Agreement ( ) 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 oUn/p day of January, 1996, 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 "Weld Information and Referral Services, 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 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: 1. Term • 1 of 960091 Contract No. : FY96-GA-700 This Agreement shall become effective on January 1, 1996, upon proper execution of this Agreement and shall expire December 31, 1996. 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, 1996. 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 fifteenth (15) 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. 3. Financial Management At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative 2 of 6 960091 Contract No. : FY96-GA-700 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 . 4. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. the Contractor shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. 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. 5. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq. ; and - 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, 3 of 6 960091 Contract No. : FY96-GA-700 as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Social Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. Certifications Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. - 8. Monitoring and Evaluation The Contractor and 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. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. 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 4 of 6 960091 Contract No. : FY96-GA-700 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. 11. 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: James Sheehan, Housing Director Melanie Hernandez, Director Name Title Name Title 12. 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 Tere. Keller-Amaya, President P.O. Box A c/o Head Start Greeley, CO 80631 1551 N. 17th Avenue Greeley, CO 80632 13. 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 5 of 6 960091 Contract No. : FY96-GA-700 bankruptcy, reorganization and/or foreclosure. 14. Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. a N WITNESS WHER F, the parties hereto have duly executed the Agreement as of the s " m ��.---, nth, an yea it � written. z -'.�7 '�,da y BOARD OF COUNTY COMMISSIONERS r ' 4 G 1er -to he Board WELD COUNTY, COLORADO ) -L.1 a�. �� I�--� �� By' L- A? L%!L'_lA.. �i -�> L... Deputy Clerk , Barbara J. Kif meyer, Chair (/,/A2/9‘) APP ED TO FORM: 4 (.72 ( WELD INFORMATION AND REFERRAL C unt rney RVICES, INC. BY: J ES>e c-f' , enCh/fi(2 2Yt/ti. Prb sident WELD COUNTY DEPARTMENT By: \Ail ,_ k\---OF SOCIAL ERVICES Executive Director By: Di ctor 6 of 6 960091 Contract No. : FY96-GA-700 EXHIBIT A SCOPE OF SERVICES 1. General Scope of Services A. Under the Case Management Services administered by Social Services, the Contractor agrees to participate in the program by providing case management services to homeless families. B. In order for a client /household to participate in the case management program, they must meet all of the following criteria: 1) Homeless Living in a shelter that does not offer case management, living or sleeping in parks, automobiles, or in a building that is considered substandard, condemned or abandoned. 2) Income Household must have an income or have a documented proof of receiving an income within 15 days. 3) Motivation Client must be highly motivated 2. Eligible Recipients Social Services shall be responsible for payment of case management services to a homeless family. Case Management services to a homeless family eligible for services shall: a. be within the admittance criteria established by the Contractor: and b. meet the definition of case management for the homeless, as defined by Social Services. 3. Weld Information and Referral Services Social Services shall submit to Weld Information and Referral Services copies of reimbursement forms completed and submitted by the Contractor for purposes of information and tracking coordination. 1 of 1 960091 Contract No. : FY96-GA-700 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 Six Thousand Six Hundred and Seventeen Dollars ($6, 617) . 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. 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 $357. 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 Department of Social Services, P.O. Box A, 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. 1 of 1 960091 Contract No. : FY96-GA-700 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. 1 of 4 960091 Contract No. : FY96-GA-700 EXHIBIT C (Continued) 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. 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 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. 2 of 4 960091 Contract No. : FY96-GA-700 EXHIBIT C (Continued) 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. 3 of 4 960091 Contract No. : FY96-GA-700 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 (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. 4 of 4 960091 Contract No. : FY96-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 ' day of January, 1996 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 "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. 1 of 7 960091 Contract No. : FY96-GA-500 NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on January 1, 1996, upon proper execution of this Agreement and shall expire December 31, 1996. 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, 1996. 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 fifteenth (15) 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. 2 of 7 960091 Contract No. : FY96-GA-500 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. 3. Financial Manaaement 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. 4. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. the Contractor shall provide proper monthly invoices and verification of services performed for costs incurred in the performance of the agreement. b. 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. 5. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included: 3 of 7 960091 Contract No. : FY96-GA-500 - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. sea. and its implementing regulation, 45 C.F.R. Part 80 et. sea. ; 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. sea. and its implementation regulation, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967; and - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Social Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. Certifications Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 8. Monitorina 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. 4 of 7 960091 Contract No. : FY96-GA-500 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. 9. Modification of Aareement All modifications to this agreement shall be in writing and signed by both parties. 10. 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. 11. 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: James Sheehan, Housina Director Sharon Mitchell, Director Name Title Name Title 5 of 7 960091 Contract No. : FY96-GA-500 12. 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. Grieco, Director Ginnv Stokes, President P.O. Box A 2019 42 Avenue Greeley, CO 80631 Greeley, CO 80634 13. Litiaation 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. 14 . Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. 6 of 7960091 Contract No. : FY96-GA-500 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ..,, tats /WW1? , •�'•:.t' i 4 In i BOARD OF COUNTY COMMISSIONERS i11,"'"_0:0k 4e Board WELD COUNTY, COLORADO ", :7-‘ tar i-1, �`' % p•1 : IL.. �k � `. By: / "i,Cif i.c \/,:} e $ /ii `r. D-puty Clerk Barbara J. irkmeyei', Chair 041/9O APPRO AS TO FORM",..„...: A WOMAN'S PLACE, INC. Co ttorney By: P esid11�\e�n/pt, /y'/�,� WELD COUNTY DEPARTMENT By: '\J J Jy add I Lt) OF SOCIAL SERVICES Executive Director By: s mf,� D recto 11(:) 7 of 7 960091 Contract No. : FY96-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 counselling 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 is 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- 1 of 4 960O91 Contract No. : FY96-GA-500 Exhibit A (Continued) 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 or go to the Lamont House; the transitional housing facility. 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 agreement, medical release form, house contract, informed 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 Casemanagement 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. 2 of 4 960091 Contract No. : FY96-GA-500 Exhibit A (Continued) 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. If the client qualifies and if there is availability, they may apply for the Lamont House (transitional housing facility) Within 30 days the client must find alternative housing. Extensions are granted only under special circumstances. 6) Provide documentation/information and ensure updated information/chance in status. We will be using 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 clients file. Any infraction will be documented in the Case Management or Staff Notes sheets. 2. Eliaible Recipients Social Services shall be responsible for payment of: 3 of 4 960091 Contract No. : FY96-GA-500 Exhibit A (Continued) 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: 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. 3. Weld Information and Referral Services Social Services shall submit to Weld Information and Referral Services copies of reimbursement forms completed and submitted by the Contractor for purposes of information and tracking coordination. 4 of 4 960091 Contract No. : FY96-GA-500 EXHIBIT B PAYMENT SCHEDULE 1. Fundina 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 Fifteen Thousand One Hundred and Sixty Dollars ($15,160) as follows: a. Shelter reimbursement and maximum funding level of Nine Thousand and Sixty Dollars ($9,060) ; and b. Case management reimbursement and maximum funding level of Six Thousand One Hundred Dollars ($6,100) . 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 marrmum 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 max;mum reimbursement rate under the agreement shall be the sum of $10.18 per individual per night shelter care and $357.00 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 Department of Social Services, P.O. Box A, Greeley, Colorado 80632. When submitting 1 of 2 960091 Contract No. : FY96-GA-500 Exhibit B (Continued) 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. 2 of 2 960091 Contract No. : FY96-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. 1 of 4 960091 Contract No. : FY96-GA-500 EXHIBIT C (Continued) 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. 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 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. 2 of 4 960091 Contract No. : FY96-GA-500 EXHIBIT C (Continued) 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. 3 of 4 960091 Contract No. : FY96-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 (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. 4 of 4 960091 Contract No. : PY96-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 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 theo?/is(day of January, 1996, • 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. • 1 of 7 960091 Contract No. : PY96-GA-600 NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term This Agreement shall become effective on January 1, 1996, upon proper execution of this Agreement and shall expire December 31, 1996. 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, 1996. 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 fifteenth (15) 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. 2 of 7 960091 Contract No. : PY96-GA-600 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. 3. Financial Manaaement 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. 4. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. the Contractor shall provide proper monthly invoices and • verification of services performed for costs incurred in the performance of the agreement. • b. 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. 5. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto and incorporated herein by reference. 6. Compliance with Applicable Laws At all times during the performance of this contract, the Contractor shall • strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included: - Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et, sec. and its implementing regulation, 45 C.F.R. Part 80 ets sea. ; 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 3 of 7 960091 Contract No. : PY96-GA-600 • - the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sea. and its implementation regulation, 45 C.F.R. Part 91; and - Title VII of the Civil Rights Act of 1964; and - the Age Discrimination in Employment Act of 1967; and - the Equal Pay Act of 1963; and - the Education Amendments of 1972; and - Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction and services. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Social Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. Certifications Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract. 8. Monitoring and Evaluation The Contractor and 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. 4 of 7 960091 Contract No. : PY96-GA-600 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. 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. 11. 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: James Sheehan. Housing Director Cath Stillwell. Director Name Title Name Title 12. 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: 5 of 7 960091 Contract No. : PY96-GA-600 To: Social Services To: Judy A. Griego, Director Roger Harbert, President P.O. Box A 2522 Sunset Lane Greeley, CO 80631 Greeley, CO 80631 13. 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. 14 . Termination This Agreement may be terminated at any time by either party given thirty (30) days written notice and is subject to the availability of funding. 15. Entire Agreement This Agreement, together with all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 9 herein. IN WITNESS-4 TE F, the parties hereto have duly executed the Agreement as of the day, ,j,,A _ fir abo e written. AT T A —' We tx, unt'y , •a - BOARD OF COUNTY COMMISSIONERS Cl 41c Board- �+., WEW COUNTY, COLORADO S .t 4__- By: /- , /✓, _ " / /i 1,/,k/Li{"'L-- beputy Clerk i Barbara J. Kirkmeyeri Chair (//.ai`0�, ) PRO AS TO FORM: i ' THE GREELEY TRANSITIONAL y ney HOUSE, INC. - - By:___ ,x --,-- T ,�- President 6 of 7 960091 Contract No. : PY96-GA-600 WELD COUNTY DEPARTMENT By: C f- c2 OF SOCIAL SERVICES Executive Director By: Direr or ` I • 7 of 7 960091 Contract No. : PY96-GA-600 EXHIBIT A SCOPE OF SERVICES 1. General Scone 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. Elicible 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: 1) 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. Weld Information and Referral Services Social Services shall submit to Weld Information and Referral Services copies of reimbursement forms completed and submitted by the Contractor for purposes of information and tracking coordination. 1 960091 Contract No. : PY96-GA-600 EXHIBIT B PAYMENT SCHEDULE 1. Fundinc 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 and Forty Three ($20,143) as follows: • a. Shelter reimbursement and maximum funding level of Fourteen Thousand Nine Hundred and Sixty Dollars ($14,960) ; and b. Case management reimbursement and maximum funding level of Five Thousand One Hundred and Eighty Three Dollars ($5,183) . 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 $10.18 per individual per night shelter care and $357.00 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 Department of 1 of 2 960091 Contract No. : PY96-GA-600 EXHIBIT B (Continued) Social Services, P.O. Box A, 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. • 960091 2 of 2 Contract No. : PY96-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. 1 of 4 960091 Contract No. : PY96-GA-600 EXHIBIT C (Continued) 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. 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 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. 2 of 4 960091 Contract No. : PY96-GA-600 EXHIBIT C (Continued) 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. 3 of 4 960091 Contract No. : PY96-GA-600 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 (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. 4ofa 960091 res((p IL WELD COUNTY HOUSING AUTHORITY PHONE(303) 51 P.O.O. Box A GREELEY,COLORADO 80632 'ilk COLORADO TO: Barbara J. Kirkmeyer, Chair, Board of County Commissioner FROM: Judy Griego, Director, Department of Social Services, SUBJECT: General Assistance Shelter and/or Case Manage ,gnt Co tracts( r 19 • DATE: January 18, 1996 �" Based on the 1996 budgeted allocation for General Assistance funding to the Department of Social Services and the funding formula which was developed through the efforts of the Inter-Agency Strategic Planning Committee, we are recommending the following allocations to the homeless service providers: Agency Activity Amount Awarded A Woman's Place Shelter $ 9,060 Case Management 6,100 Catholic Charities Northern Shelter $15,980 Case Management 2,100 Greeley Transitional House Shelter $ 14,960 Case Management 5,183 Weld Information and Referral Case Management $ 6,617 Service Total Funds Awarded $60,000 Contracts have been signed by the respective executive official of each agency. We are recommending Board approval of the sub-contracts. If you have any questions, please telephone me at 352-1551, Extension 6200. 960091 Hello