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HomeMy WebLinkAbout981815.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CASE MANAGEMENT AUDIT PROCEDURES AND ACTIVITIES 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 an Agreement for Case Management Audit Procedures and Activities between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and Dr. Achilles Bardos, commencing upon full execution of said agreement, with said audits to be completed by November 6, 1998, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Housing Authority Board, that the Agreement for Case Management Audit Procedures and Activities between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and Dr. Achilles Bardos be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WEL? COUNTY, COLORADO ATTEST: !4t f /, L Constance L. Harbert, Chair Weld County Clerk = th 1861 Y i ►► W. H. ebste , ro BY: �. ,211�_./r_;.,- '` ice► Deputy Clerk to t - l�I e . Baxter AP" a A • FO : Dale K. Hall qty Attorne &A_ :arbara J. Kirkmeyer 981815 LL WA �codo3 HA0018 ° MEMORANDUM TO: Constance L. Harbert, Chair, Board of WI I D County Commissioners s Lt�/4 CO FR: Judy Griego, Director, Erepartt�t o Social e,--., t�� . Services COLORADO RE: Case Management Audit Agreement DATE: September 24, 1998 As stated at the Housing Authority Work Session of September 21, 1998, Weld County's allocation process requires that a case management audit be conducted for the distribution of case management General Assistance dollars. The audit process evaluates the performance of the case management service providers based on the seven criteria developed by the Weld County Homeless/Housing Task Force -- Emergency Housing Committee. The agencies to be audited are: 1. Greeley Transitional House; 2. A Woman's Place, Inc.; and 3. Catholic Charities Northern. We are recommending that Dr Achilles Bardos of the University of Northern Colorado conduct the case management audit. Through an Agreement, the major provisions are as follows: 1. The amount to be paid for services will be $2,300; 2. An on-site case management audit base on the seven criteria will be conducted at each of the three service providers locations.; 3. The audit is to be completed by November 6, 1998. If you have any questions, please telephone me at 352-1551 ext. 6510. 981815 Agreement M THIS AGREEMENT is entered into to be effective as of the 13+ day of Se pf , 1998, by and between Achilles N. Bardos, hereinafter referred to as the Contractor and Weld County Department. of Social Services and the Weld County Housing Authority, hereinafter referred to as Weld County. I. The parties agree as follows: The obligations of the Contractor are: 1997-1998 Case Management of Audit Procedures and Activities 1. Meet with Weld County to learn about the specifics of the Case Management Audit for this year and the results and implications of the 1997-1998 audit. Appropriate sample sizes will be determined at this time. 2. Meet with agencies involved in the audit to update information about the organization of their case records in order to determine where activities corresponding to each component of the case management definition might be located in agency records. (Will request a copy of forms used by each agency, if different from the previous years'forms.); Operationally define case management definition components specific to agency missions, services and target populations;. to gather input from the agencies regarding the current audit based on the previous years'experience;. to answer questions for the agencies regarding the audit process. (by September 18, 1998) 3. Create a draft of the audit data collection instrument Contractor will collate information collected in steps one and two. The four data collection instruments will likely be similar to instruments used last year, with appropriate modifications. Cases to be included in the audit will be determined at this time (by September 25, 1998). 4. Coordinate audit schedule with agencies. Contractor will contact each of the agencies in order to set up times when the auditors may visit the agencies and examine their records. These will be coordinated with the case manager, and/or other appropriate staff (by October 1, 1998) 5. Collect audit data from agencies' records. Auditors, in pairs (to ensure inter-coder reliability), will examine the selected sample records. The selected case lists will be presented to the respective agencies at the time of the initial audit visits. Where there are larger numbers of records, a second visit will be scheduled. (by October 15, 1998) 7. Data entry. Data grids created in statistical package. Audit data will be coded and Page 1 of 6 then entered into a standard statistical package such as SPSSC. (by October 20, 1998) 8. Data analysis. Data runs completed(frequencies). The data will be analyzed based upon previously agreed upon criteria. 9. Report drafted Contractor will complete a draft report based on audit findings. (by October 26, 1998) 10. Meeting with Weld County. Contractor will report audit findings and present a draft report. Discussions concerning interpretation of the results, usefulness of the process, and other committee/agency input will assist Contractor in preparing the final report. (by October 31, 1998) 11. Final report due by November 6, 1998. The final report will be delivered by November 6, 1998, unless modifications are required or other arrangements have been made. The fee for the above services will be$2,300.00, as per attached budget (See Appendix A) II The obligations of Weld County are: 1 Meet with Contractor prior to audit and for presentation of the draft report. Pay invoices received from Contractor upon receipt. 2. This agreement shall be effective from September 1, 1998, to November 6, 1998. 3. Should either party violate or omit to perform any duty of obligation imposed upon it by the terms of this Agreement, the other party may terminate this Agreement upon prior written notice to the defaulting party effective on the date specified in the notice. Exercise by either party of its termination rights shall in no way prevent such party from pursuit against the defaulting party any and all other remedies available at law or in equity. 4. This Agreement is subject to the terms and conditions incorporated in the Special Provisions to State Contracts document attached to this Agreement. 5. Any notice required or permitted by this Agreement may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in a U.S. Mail Depository with sufficient postage attached thereto: Contractor: Dr. Achilles N. Bardos 1441 40th Avenue Greeley, CO 80634 Page 2 of 6 t.7s'/h/c Weld County: Judy A. Griego, Director Weld County Dept. of Social Services P.O. Box A Greeley, CO 80632 Notice of change of address shall be treated as of any other notice. 6. This Agreement, supersedes all previous contracts, understandings and agreements of the parties concerning the subject matter of this Agreement, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no changes in or additions to this Agreement shall be recognized unless incorporated herein by amendment as provided herein, such amendment(s) to become effective on the date stipulated therein. The parties specifically acknowledge that in entering into and executing this Agreement, they have relied solely upon the representations and agreements contained in this Agreement and no others. 7. This Agreement and any amendments thereto shall be in writing and executed in multiple copies on behalf of either party by an official authorized with respect to such execution. Each multiple copy shall be deemed an original, but all multiple copies together shall constitute one and the same instrument. 8. No assignment of this Agreement or the rights and obligations thereunder shall be valid without the specific written consent of both parties hereto. 9. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of the same or other provision hereof. 10. Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement by reason of any circumstance beyond its reasonable control, including without limitation, fire, explosion, power failure, acts of God; war, revolution, civil commotion, or acts of public enemies; any law, order, regulations, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing or boycott; then the party thereby affected shall be excused from its performance on a day-to-day basis to the extent of such interference. 11. 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. 12. 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 Page 3 of 6 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. 13. 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 person(s) not a party to this Agreement. 14. 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. 15. 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 affect 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. 16. 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. 17. 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. 18. 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, auditors and representatives to audit and monitor the Contractor. 19. All such records, documents, communications, and other materials shall be the property of Weld County and shall be maintained by the Contractor, in a central location and custodian, in behalf of Weld County, 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. 20. The Contractor assures that authorized local, auditors and representatives shall, Page 4 of 6 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. 21. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. The Contractor of Weld County may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 22. The Appearance of Conflict of Interest applies to the relationship of a contractor with Weld County 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 Cntractor 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. 23. 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 assessment of case management programs of funded agencies, 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. 24. 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. 25. 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 Weld County contracted Page 5 of 6 service agencies 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. IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below to be effective as of the date first set forth above. . "CONTRACTOR" Approved By: Date: / ' i — II Dr. Achilles N. BARDOS 1.1/4..,,,,•,.‘_2,4 ic-z.iA TE a Mu l Weld ip*y BOARD OF COUNTY COMMISSIONERS CC 1461te o\;>‘, ' 7LDCOUNTOO II9 T-\ / BY: Deputy Clerk Constance L. Harbert, `--- " Chair (09/28/98) RO S TO ORM: Cou ty ttor � Page 6 of 6 ()5'/5/o Appendix A Budget for 1997-1998 Case Management Audit 1. Meet with Weld County Housing Authority and preparation 60 2. Meet with agencies involved in audit: 150 appointments, meetings, preparation and summary 3. Draft data collection instrument based on information 200 collected and collated 4. Hire and train graduate students 62 5. Coordinate and schedule data collection 60 6. Data collection(review agency records) 592 4 agencies-travel time, reviewing and recording 7. Debriefing after audit to interpret notes/comments 52 8. Data Entry 88 9. Data analysis 240 10. Report drafted 450 11. Final report 60 TOTAL 2,300 Page 7 of 6 9 -/8/5— Hello