HomeMy WebLinkAbout992565.tiff RESOLUTION
RE: APPROVE CASE MANAGEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
ACHILLES BARDOS
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 a Case Management Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and
Achilles Bardos, commencing October 1, 1999, and ending December 6, 1999, 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 Case Management
Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Greeley/Weld County Housing
Authority, and 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 25th day of October, A.D., 1999, nunc pro tunc October 1, 1999.
BOARD OF COUNTY COMMISSIONERS
( •_�o t1 _ LD COUNNTTYY,,�C• O 10
ATTEST: /ad ►I La
4` al K. Hall, Chair
Weld County Clerk to the ' .A 1,�
` .,„f (O ;ii / A,s a_ .1- Pic
G �� �,arbar . Kirkmeyer, -Tem CI
BY: ₹ �_ d: ,�C'�., A , 9
Deputy Clerk to the Boa 8v -r --OCy7
-4 Georgeaxter
APPROVED AS TO F M: / ./- i..
M. ,d. Geile ,
ate'X Z-
ounty/Attorney-. Z_ t� Ci6,;,i1 /'iL,eC(Il
Glenn Vaad—
I A A 992565
I HA0019
Agreement
THIS AGREEMENT is entered into to be effective as of the Z ' day of ,
1999, by and between Achilles N. Bardos, hereinafter referred to as the Contractor and the
Weld County Housing Authority, hereinafter referred to as Weld County Housing
Authority.
I. The parties agree as follows:
The obligations of the Contractor are:
1998-1999 Case Management of Audit Procedures and Activities
1. Meet with Weld County Housing Authority to learn about the specifics of the Case
Management Audit for this year and the results and implications of the 1998-1999 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 October 22, 1999)
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 October 22, 1999).
4. Coordinate audit schedule with agencies. Contractor will contact each c f 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 November 1, 1999)
S. 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 November 15, 1999)
7. Data entry. Data grids created in statistical package. Audit data will be coded and
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then entered into a standard statistical package such as SPSSC. (by November 20, 1999)
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
Nov 24, 1999)
10. Meeting with Weld County Housing Authority. 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 November 30, 1999)
11. Final report due by December 6. 1999, The final report will be delivered by
December 6, 1999 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 Housing Authority are:
I 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 October 1, 1999 to December 6, 1999.
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
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Weld County Housing Authority: Thomas Teixeira, Director
Weld County Housing Authority
P.O. Box 8
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 Housing Authority, nor are they
entitled to any employee benefits as Weld County Housing Authority employees, as the
result of the execution of this Agreement.
12. Weld County Housing Authority, the Board of Weld County Housing Authority, 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
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performing duties as described in this Agreement. Contractor shall indemnify, defend,
and hold harmless Weld County Housing Authority, the Board of Weld County Housing
Authority, 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 Weld County Housing Authority 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 Housing Authority 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 Housing Authority and shall be maintained by the Contractor,
in a central location and custodian, in behalf of Weld County Housing Authority, for a
period of three (3) years from the date of final payment under this Contract, or for such
further period as may be necessary to resolve any matters which may be pending, or until
an audit has been completed.
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20. The Contractor assures that authorized local, 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.
21. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor of Weld County Housing Authority 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 Housing Authority when the Contractor also maintains a relationship with a
third party and the two relationships are in opposition. In order to create the appearance
of a conflict of interest, it is not necessary for the Contractor to gain from knowledge of
these opposing interests. It is only necessary that the contractor know that the two
relationships are in opposition. During the term of the Contract the Contractor shall not
enter any third party relationship that gives the appearance of creating a conflict of
interest. Upon learning of an existing appearance of a conflict of interest situation, the
Contractor shall submit to Weld County Housing Authority, a full disclosure statement
setting forth the details that create the appearance of a conflict of interest. Failure to
promptly submit a disclosure statement required by this paragraph shall constitute
grounds for Weld County Housing Authority 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.
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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 Housing
Authority contracted 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: — 9
Dr. Achilles N. BARDOS
WELD COUN Housing utho ity
ATTEST:
Weld County \, BOARD OF WELD COUNTY
a HOUSING AUTHROITY
Clerk to the Board IL% L COUNTY, COLORADO
By: . N � r
Deputy Clerk vlly wi�/ Dale K. all,
Chair (l0/a5/5)
APPROVED AS TO FORM:
C
County Attorhey
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Appendix A
Budget for 1998-1999 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
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