HomeMy WebLinkAbout970326.tiffRESOLUTION
RE: APPROVE FOUR GENERAL ASSISTANCE AGREEMENTS FOR SERVICES WITH
VARIOUS AGENCIES 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, Catholic Charities Northern, Greeley Transitional House, Inc., and Weld
Information and Referral Services, Inc., with 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, Catholic Charities Northern, Greeley Transitional House, Inc.,
and Weld Information and Referral Services, Inc., 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 19th day of February, A.D., 1997.
Weld County Clerlfxghtle
ray ` j
Deputy Clerk to the Board
ORM:
ounty Attor ey
LAC : 3≤ rnoP (EN] Grit; w,,e3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George E. Baxter, Chair
Constance L. Harbert,
/4 4
Dale K. Hall
J
(
Barbara J. Kirkmeyer
W. H. Webster
970326
SS0023
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
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
orb /9911
This Agreement, made and entered into the /9y4 day of danuar ,
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
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1. Term
This Agreement shall become effective on January 1, 1997, upon proper execution of this Agreement and shall
expire December 31, 1997. 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, 1997.
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.
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.
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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. sea, and its implementing regulation, 45 C.F.R. Part 80 a seq..
and
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section
794, and its implementing regulation, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 a 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
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Colorado Department of Social Services or with the U.S. Department of Health and Human Services, Office for Civil
Rights.
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.
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 a debt due to Social Services or
otherwise as provided by law.
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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:
James Sheehan. Housing Director
Name Title
12. Notice
For the Contractor:
Melanie Hernandez, Director
Name Title
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
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80631
13. Litigation
To:
Tere Keller-Amaya, President
c/o Head Start
1551 N. 17th Avenue
Greeley, CO 80632
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 finding.
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.
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IN WITNESS
above written.
ATTEST:
Weld County
Clerk to the Boar
By:
APPROVED AS TO FORM:
WELD COUNTY DEPARTMENT
to have duly executed the Agreement as of the day, month, and year first
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George E. Baxter 009/9%
Chair
WELD INFORMATION AND REFERRAL
SERVICES, INC.
BY: ��,�
�Tere Kell Amaya, Preside
^-i '
By: C 1. V �c
OF SOCIAL SERVICES Executive Director
By:
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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.
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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 Five Thousand Five Hundred and Fifty -Seven Dollars ($5,557.00) for case
management services..
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 $534.00 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.
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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.
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.
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
The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate,
current, separate, and complete disclosure of the status of the finds received under the Agreement are
maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to
allow authorized local, Federal, and State auditors and representatives to audit and monitor the Contractor.
9. All such records, documents, communications, and other materials shall be the property of Social Services and
shall be maintained by the Contractor, in a central location and custodian, in behalf of Social Services, for a
period of three (3) years from the date of final payment under this Contract, or for such further period as may
be necessary to resolve any
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EXHIBIT C (Continued)
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.
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 Agrec cent, 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
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EXHIBIT C (Continued)
Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order
to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge
of these opposing interests. It is only necessary that the contractor know that the two relationships are in
opposition.
During the term of the Contract the Contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest
situation, the Contractor shall submit to Social Services, a full disclosure statement setting forth the details that
create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by
this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with the
Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in
accordance with this Contract. Except for purposes directly connected the administration of the General
Assistance Program, no information about or obtained from any applicant/recipient in possession of Contractor
shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor
shall have written policies governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with
a copy or written explanation of these confidentiality requirements before access to confidential data is
permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of its
customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2)
that which is in the public domain, or (3) that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Contract. Any proprietary information
removed from the State's site by the Contractor in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by the Contractor for similar information in the course
of its own business.
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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
Purchase of Emergency Shelter Agreement
Purchase of Prescription Services Agreement
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 /9/h day of February, 1997 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.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
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1. Term
This Agreement shall become effective on January 1, 1997, upon proper execution of this Agreement and shall
expire December 31, 1997. 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, 1997.
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.
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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. s . 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 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
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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 a debt due to Social Services or
otherwise as provided by law.
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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:
James Sheehan, Housing Director
Name Title
12. Notice
For the Contractor:
Sharon Mitchell, Director
Name
Title
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
Judy A. Griego, Director
P.O. Box A
Greeley, CO 80631
13. Litigation
To:
John Cooke, President
23261 Weld Co. Road 50
La Salle, CO, 80645
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.
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IN WITNESS WHE
above written.
ATTEST:
Weld County
Clerk to the Board
By:
By:
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
o have duly executed the Agreement as of the day, month, and year first
Deputy Clerk
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George E Baxter ,0,//9/97
Chair
A WOMAN'S PLACE, INC.
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By:
hn Cooke, President
By:
A. / /t,Ltt L(zt_>
Executive Director
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Contract No.: FY97-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 fmancial 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-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.
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Exhibit A (Continued)
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 Mother 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.
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/change 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.
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Exhibit A (Continued)
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. 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:
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.
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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 Thirteen Thousand One Hundred and Twenty Dollars ($13, 120.00 through the
Weld County General Assistance Program. The allocation is broken down into two categories as follows:
a. Shelter reimbursement and maximum funding level of Seven Thousand and Nine Hundred Dollars
($7,900.00); and
b. Case management reimbursement and maximum funding level of Five Thousand Two Hundred and
Twenty Dollars ($5,220.00).
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement, are
not eligible General Assistance expenditures and shall not be reimbursed by Social Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event that
said funds, or any part thereof, become unavailable as determined by Social Services, Social Services may
immediately terminate this Contract or amend it accordingly.
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 $12.42 per individual per
night shelter care and $534.00 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.
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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.
Contract No.: FY97-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
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Exhibit C (Continued)
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.
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.
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Exhibit C (Continued)
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the
Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order
to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge
of these opposing interests. It is only necessary that the contractor know that the two relationships are in
opposition.
During the term of the Contract the Contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest
situation, the Contractor shall submit to Social Services, a full disclosure statement setting forth the details that
create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by
this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with the
Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in
accordance with this Contract. Except for purposes directly connected the administration of the General
Assistance Program, no information about or obtained from any applicant/recipient in possession of Contractor
shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor
shall have written policies governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with
a copy or written explanation of these confidentiality requirements before access to confidential data is
permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of its
customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2)
that which is in the public domain, or (3) that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Contract. Any proprietary information
removed from the State's site by the Contractor in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by the Contractor for similar information in the course
of its own business.
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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
Purchase of Emergency Shelter Agreement
Purchase of Prescription Services Agreement
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 t-[, day of February, 1997 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.
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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, 1997, upon proper execution of this Agreement and shall
expire December 31, 1997. 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, 1997.
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.
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.
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
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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.
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.
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.
Compliance with Applicable Laws
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal
and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant
thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents,
tapes and any other materials that have been or may hereafter be established which relate to this Contract. The
Contractor acknowledges that the following laws are included:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d -1
a seq. and its implementing regulation, 45 C.P.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
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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.
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
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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:
James Sheehan, Housing Director
Name Title
12. Notice
For the Contractor:
Mary Orleans, Director
Name Title
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
P.O. Box A
Greeley, CO 80631
13. Litigation
Lynn Dean, President
4428 Flattop Court
Fort Collins, CO 80525
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.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST:
Weld County
Clerk to the B
APPROVED AS TO FORM:
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Geole
rge E. Baxter 62v09/1C.7
Chair
CATHOLIC CHARITIES NORTHERN O n
By:
Lynn tll , President
By: /Z 12i1,UY`.
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EXHIBIT A
SCOPE OF SERVICES
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.
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:
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:
i. one or two parent families with children;
ii. couples without children;
i. single women;
iv. single men.
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
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EXHIBIT A (Continued)
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:
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 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.
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EXHIBIT A (Continued)
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.
Alcoholldrugs are not allowed in the shelter. If a client is suspected of having an
alcohol or drug problem, the client is referred for treatment.
3. 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.
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EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed,
a total amount not to exceed Twenty Three Thousand Eight Hundred and Ninety -Six Dollars ($22, 896.00)
through the Weld County General Assistance Program. The allocation is broken down into two categories as
follows:
a. Shelter reimbursement and maximum funding level of Eighteen Thousand Nine Hundred and
Twenty -Eight Dollars; ($18,928) and
b. Case management reimbursement and maximum funding level of Three Thousand Nine Hundred and
Sixty Eight Dollars ($3,968.00)
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement, are
not eligible General Assistance expenditures and shall not be reimbursed by Social Services. Payment pursuant
to this Contract, if Weld County funds, whether in whole or in part, is subject to and contingent upon the
continuing availability of Weld County funds for the purposed hereof In the event that said funds, or any part
thereof, become unavailable as determined by Social Services, Social Services may immediately terminate this
Contract or amend it accordingly.
2. Fees for Services
a. Fees for services shall be charged by an individual in accordance with criteria set for in Exhibit A.
Emergency shelter services shall be limited to a maximum stay of thirty (30) days per incident.
b. Prompt billing for completed services is imperative. No authorizations shall be made for billings
submitted more than 120 days after the date of service.
c. The maximum reimbursement rate under the agreement shall be the sum of $12.42 per individual per
night shelter care and $534.00 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.
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EXHIBIT C
ASSURANCES
The Contractor agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the
result of the execution of this Agreement.
2 Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be
held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its employees,
volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify,
defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees,
volunteers, and agents. The Contractor shall provide adequate liability and worker's compensation insurance
for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, the
Contractor shall provide Social Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty
of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State
of Colorado, to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional, such decision shall not effect the validity of the remaining portions. The parties
hereto declare that they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
6 No officer, member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof
7 The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement.
8 The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate,
current, separate, and complete disclosure of the status of the funds received under the Agreement are
maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to
allow authorized local, Federal, and State auditors and representatives to audit and monitor the Contractor.
9 All such records, documents, communications, and other materials shall be the property of Social Services and
shall be maintained by the Contractor, in a central location and custodian, in behalf of Social Services, for a
period of three (3) years from the date of final payment under this Contract, or for such further period as may
be necessary to resolve any matters which may be pending, or until an audit has been completed with the
following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not
completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3)
year period, the materials shall be retained until the resolution of the audit finding.
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EXHIBIT C (Continued)
10. The Contractor assures that authorized local, federal and state auditors and representatives shall, during
business hours, have access to inspect any copy records, and shall be allowed to monitor and review through
on -site visits, all contract activities, supported with funds under this Agreement to ensure compliance with the
terms of this Agreement Contracting parties agree that monitoring and evaluation of the performance of the
Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation
activities shall be provided to the appropriate and interested parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor of Social Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of
the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, loan, grant, or cooperative agreement.
13. The Contractor assures that it will fully comply with the General Assistance Program regulation promulgated,
and all other applicable federal and state laws, rules and regulations. The Contractor understands that the
source of funds to be used under this Agreement is: General Assistance Funds.
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a federal department of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of this
certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public transactions
(federal, state, and local) terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the
Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order
to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge
of these opposing interests. It is only necessary that the contractor know that the two relationships are in
opposition.
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EXHIBff C (Continued)
During the term of the Contract the Contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest
situation, the Contractor shall submit to Social Services, a full disclosure statement setting forth the details that
create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by
this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with the
Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in
accordance with this Contract. Except for purposes directly connected the administration of the General
Assistance Program, no information about or obtained from any applicant/recipient in possession of Contractor
shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor
shall have written policies governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Contractor shall provide its employees, agents, and subcontractors, if any, with
a copy or written explanation of these confidentiality requirements before access to confidential data is
permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of its
customers, clients or affiliates, but does not include information (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 he
accorded at least the same precautions as are employed by the Contractor for similar information in the course
of its own business.
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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
Purchase of Emergency Shelter Agreement
Purchase of Prescription Services Agreement
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/f/M day of February, 1997 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.
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NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
I. Term
This Agreement shall become effective on January 1, 1997, upon proper execution of this Agreement and shall
expire December 31, 1997. 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, 1997.
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.
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.
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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.
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
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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.
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;
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;
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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 Linda Akers, Director
Name Title
12. Notice
Name Title
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 Marty Ariano, President
P.O. Box A 2311 45th Ave.
Greeley, CO 80631 Greeley, CO 80634
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.
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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 WHERE o have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST:
Weld County
Clerk to the Board
By:
Deputy Clerk
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
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BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLO
By:
Geo :e E. Baxter, Q.7i
Chair
THE GREELEY TRANSITIONAL
HOUSE, INC.
By:
Marty Ariano, President
Executive Director
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Contract No.: FY97-GA-600
EXHIBIT A
SCOPE OF SERVICES
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.
Case management services to homeless families.
All clients are required to participate in case management. If they
choose not to participate, they are not accepted into the program.
2. Eligible Recipients
Social Services shall be responsible for payment of
a. Emergency shelter services provided by the Contractor to eligible recipients. Eligibility for such
services shall be within the admittance criteria established by the Contractor. The maximum days of
reimbursement by Social Services for services to the individual is thirty (30) days per incident.
b. Case management services to a homeless family eligible for such services shall:
1) be within the admittance criteria (see I 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.
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EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed,
a total amount not to exceed Eighteen Thousand Four Hundred and Twenty -Seven Dollars
($18,427.00) through the Weld County General Assistance Program. The allocation is
broken down as follows:
a. Shelter reimbursement and maximum funding level of Thirteen Thousand One
Hundred and Seventy -Two Dollars ($13,172.00); and
Case management reimbursement and maximum funding level of Five Thousand
Two Hundred and Fifty -Five Dollars ($5,255.00)
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement,
are not eligible General Assistance expenditures and shall not be reimbursed by Social Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof In the event that
said funds, or any part thereof, become unavailable as determined by Social Services, Social Services may
immediately terminate this Contract or amend it accordingly.
2. Fees for Services
a. Fees for services shall be charged by an individual in accordance with criteria set for in Exhibit A.
Emergency shelter services shall be limited to a maximum stay of thirty (30) days per incident.
b. Prompt billing for completed services is imperative. No authorizations shall be made for billings
submitted more than 120 days after the date of service.
c. The maximum reimbursement rate under the agreement shall be the sum of $12.42 per individual
per night shelter care and $534.00 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
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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.
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EXHIBIT C
ASSURANCES
I. The Contractor agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as
the result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not
be held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its
employees, volunteers, or agents while performing duties as described in this Agreement. Contractor shall
indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County,
its employees, volunteers, and agents. The Contractor shall provide adequate liability and worker's
compensation insurance for all its employees, volunteers, and agents engaged in the performance of the
Agreement upon request, the Contractor shall provide Social Services with the acceptable evidence that such
coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty
of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any reason held
or decided to be unconstitutional, such decision shall not effect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate,
current, separate, and complete disclosure of the status of the funds received under the Agreement are
maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient
to allow authorized local, Federal, and State auditors and representatives to audit and monitor the Contractor.
9. All such records, documents, communications, and other materials shall be the property of Social Services
and shall be maintained by the Contractor, in a central location and custodian, in behalf of Social Services,
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EXHIBIT C (Continued)
for a period of three (3) years from the date of final payment under this Contract, or for such further period
as may be necessary to resolve any matters which may be pending, or until an audit has been completed with
the following qualification: If an audit by or on behalf of the federal and/or state government has begun
but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after
a three (3) year period, the materials shall be retained until the resolution of the audit finding.
10. The Contractor assures that authorized local, federal and state auditors and representatives shall, during
business hours, have aerPss 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.
This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor of Social Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf
of the Contractor, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement.
13. The Contractor assures that it will fully comply with the General Assistance Program regulation promulgated,
)and all other applicable federal and state laws, rules and regulations. The Contractor understands that the
source of funds to be used under this Agreement is: General Assistance Funds.
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a federal department of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of
this certification; and
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d. Have not within a three-year period preceding this Agreement, had one or more public transactions
(federal, state, and local) terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when
the Contractor also maintains a relationship with a third party and the two relationships are in opposition.
In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from
knowledge of these opposing interests. It is only necessary that the contractor know that the two
relationships are in opposition.
During the term of the Contract the Contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest
situation, the Contractor shall submit to Social Services, a full disclosure statement setting forth the details
that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement
required by this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract
with the Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained
in accordance with this Contract. Except for purposes directly connected the administration of the General
Assistance Program, no information about or obtained from any applicant/recipient in possession of
Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or
guardian. Contractor shall have written policies governing access to, duplication and dissemination of, all
such information. Contractor shall advise its employees, agents and subcontractors, if any, that they are
subject to these confidentiality requirements. Contractor shall provide its employees, agents, and
subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access
to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of its
customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2)
that which is in the public domain, or (3) that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Contract. Any proprietary information
removed from the State's site by the Contractor in the course of providing services under this Contract will
be accorded at least the same precautions as are employed by the Contractor for similar information in the
course of its own business.
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97032S
iettel
WI�Yc
COLORADO
WELD COUNTY HOUSING AUTHORITY
PHONE (303) 352-1551
P.O. Box A
GREELEY, COLORADO 80632
TO: George E. Baxter, Chair, Board of County Commissioners
FROM: Judy Griego, Director, Department of Social Service
SUBJECT: General Assistance Shelter and/or Case Management(Contr
DATE: February 5, 1997
Based on the 1997 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
Case Management
$ 7,900
5,220
Catholic Charities Northern
Shelter
$18,928
Case Management
3,968
Greeley Transitional House
Shelter
$ 13,172
Case Management
5,255
Weld Information and
Referral Service
Case Management
$ 5,557
otal 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.
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