HomeMy WebLinkAboutC14-390 Goodwill of Southern and Western Colorado AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND DISCOVER GOODWILL OF SOUTHERN AND WESTERN COLORADO THIS AGREEMENT("Agreement")is effective as of the day of October 2014 by and between Discover Goodwill of Southern and Western Colorado,a Colorado non-profit corporation(hereinafter"Contractor")and Eagle County,Colorado,a body corporate and politic(hereinafter"County")and Pitkin County,Colorado,a body corporate and politic(hereinafter"Pitkin County"). County and Pitkin County shall collectively be referred to as "Counties." RECITALS WHEREAS,the County,through its Department of Human Services("DHS")works to promote the health, safety and welfare of County residents of all ages;and WHEREAS, on December 17, 2013, the County and Pitkin County entered into an Intergovernmental Agreement ("IGA") whereby the County agreed to provide and administer the Low-Income Energy Assistance Program ("LEAP")on behalf of Pitkin County;and WHEREAS, the County and Pitkin County have determined that it is more economical and efficient to use an outside provider to provide certain administrative functions of the LEAP Program;and WHEREAS,the use of an outside provider enhances the ability of the County to conduct the LEAP Program for qualified residents of Eagle County and Pitkin County;and WHEREAS,the Counties wishes to hire Contractor to perform the services outlined in Section 1 hereunder;and WHEREAS,County will coordinate administration of this Agreement with Pitkin County and will be Contractor's primary contact for the performance of the services;and WHEREAS,Counties and Contractor intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with the services and related terms and conditions to govern the relationship between Counties and Contractor in connection with the services;and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and Counties agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services or work described in Exhibit A("Services"or"Work")which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement.The Services are generally described as provision of the Low-Income Energy Assistance Program(LEAP)to qualified Eagle and Pitkin County residents. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. 2. Counties' Representative. The Economic Services Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect through the 30th day of September, 2015. 4. Extension or Modification. This Agreement may be extended for up to three additional.one year terms upon written agreement of the parties.Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by Counties for such additional services in accordance with each County's internal policies. Accordingly,no course of conduct or dealings between the parties, nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that Counties have been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder.In the event that written authorization and acknowledgment by Counties for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall reimburse Contractor for direct wages and operating expenses related to the performance of the Services as described in Exhibit A. Compensation for the performance of the Services under this Agreement shall not exceed$10,013 representing the Eagle County LEAP allocation of$7,780,and the Pitkin County LEAP allocation of$2,233. The compensation does not include outreach which shall be performed by County as set forth in Exhibit A. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by Counties. The Contractor understands that the not to exceed figure of$10,013 is based upon the 2014-2015 LEAP Allocation for program administration only and as set forth in the Colorado Office of Economic Security's September 24,2014 allocation letter for County and Pitkin County,copy of which is attached hereto as Exhibit`B" and incorporated herein by reference.Any adjustments must be mutually agreed to among the parties and shall be set forth in a formal amendment. The LEAP program is federally funded and is contingent upon the continued availability of those funds. If the program funding is decreased,terminated,or becomes unavailable,then the contract and Services provided under this Agreement shall be decreased or terminated,accordingly. Total annual funding can vary each year and is contingent upon allocation of funds by the Federal and State of Colorado governments to the Eagle County Department of Human Services(ECDHS)and Pitkin County Health and Human Services Department(PCHHS). a. For reimbursement Contractor must submit invoices monthly. Invoices shall include a description of the Services performed and reimbursements sought. The parties agree that Counties are responsible for a percentage of operating expenses based on the percentage of work performed on Counties' behalf in comparison with the 25other Colorado counties for which similar services are provided.If County is not satisfied with the completeness of a submitted invoice,County may request Contractor to either revise the invoice or provide additional information. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt 2 Eagle County HHS General Services Final 5/14 of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as County may request. All invoices must be mailed or delivered in-person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Department of Human Services Attention:Megan Burch 550 Broadway Post Office Box 660 Eagle,CO 81631 b. If,at any time during the term or after termination or expiration of this Agreement,County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County,Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County,if any,shall forthwith be returned to County. c. All funds received by Contractor under this Agreement shall be or have been expended solely for the purpose for which granted,and any funds not so expended,including funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide the County with progress reports upon County's request;or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit A. d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement,County or Pitkin County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year,without an appropriation therefor by each County in accordance with a budget adopted by the Board of County Commissioners for each County in compliance with Article 25,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et.seq.)and the TABOR Amendment(Colorado Constitution,Article X,Sec.20). 6. Subcontractors. Contractor acknowledges that Counties have entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without Counties' prior written consent,which may be withheld in Counties' sole discretion. Counties shall have the right in'their reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom Counties have an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by Counties and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward Counties.Counties shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 3 Eagle County HHS General Services Final 5/14 • 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage and as set forth above shall be endorsed to include Eagle County and Pitkin County,its associated or affiliated entities,its successors and assigns, elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to Counties separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the Counties are relying on,and do not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to Counties,their affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless Counties,and any of their officers, agents and employees against any losses,claims,damages or liabilities for which Counties may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly, this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;including claims for bodily injury or personal injury including death or loss or damage to tangible or intangible property;and Contractor shall reimburse Counties for reasonable attorney fees and costs,legal and other expenses incurred by Counties in connection with investigating or defending any such loss,claim,damage,liability or action. This indemnification shall not apply to claims by third parties against the Counties to the extent that Counties are liable to 4 Eagle County HHS General Services Final 5/14 such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the Counties and are to be delivered to Counties before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention:Megan Burch 551 Broadway Post Office Box 660 Eagle,CO 81631 Telephone:970-328-8815 Facsimile: 855-846-0751 E-Mail: megan.burch @eaglecounty.us PITKIN COUNTY: Nan Sundeen Health and Human Services Director Pitkin County 0405 Castle Creek Road, Suite 8 Aspen,CO 81611 Telephone: (970)920-5209 With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-Mail: atty @eaglecounty.us CONTRACTOR: Denise Krug VP,Workforce Development and Community Programs 1460 Garden of the Gods Road Colorado Springs,CO 80907 Telephone:719-635-4483 5 Eagle County HHS General Services Final 5/14 11. Termination. Counties may terminate this Agreement,in whole or in part,at any time and for any reason, with or without cause,and without penalty therefor with seven(7)calendar days' prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide Counties with all documents as defined in paragraph 9 hereof,in such format as Counties shall direct and shall return all County owned materials and documents.County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given Counties written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the Counties have accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement.In the event Counties finds these standards of customer service are not being met by Contractor,Counties may terminate this Agreement,in whole or in part,upon seven(7)days' notice to Contractor.This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. 6 Eagle County HHS General Services Final 5/14 • g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of Counties. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between Counties and Contractor except that of independent contractor.Contractor shall have no authority to bind Counties. h. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. • i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the Counties. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the Counties have any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. p. Contractor shall comply with the Civil Rights Act of 196 and Section 504,Rehabilitation Act of 1973,concerning discrimination on the basis of race,color,sex,age,religion,political beliefs,national origin or handicap. 15. Prohibitions on Government Contracts. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101,et. seq.If Contractor has any employees or subcontractors,Contractor shall comply with C.R.S. 8-17.5-101,et. seq.,and this Agreement. By execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program("Department Program")in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. 7 Eagle County HHS General Services Final 5/14 • a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program,as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: i. Notify the subcontractor and Counties within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, Counties may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. Counties will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [Rest of page intentionally left blank] 8 Eagle County HHS General Services Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its COUNTY MANAGER By: l `�r��«. • P.Montag, County Manager COUNTY OF PITKIN,STATE OF COLORADO By and through its Director of Health and Human Services By: Nan Sundeen,Director,Health and Human Services CONTRACTOR:Discover Goodwill of Southern and Western Colorado,a Colorado non-profit corporation B Print Nam- ,! . f J Q • Title:�V' 'AOCFc2Ci U(.LC fiU7`Ad) •P RCY ' h»5 9 Eagle County HHS General Services Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its COUNTY MANAGER By: Keith P.Montag,County Manager COUNTY OF PITKIN,STATE OF COLORADO By and through its Director of Health and Human Services By: Da:lLe_ L—k Nan Sundeen,Director,Hth and Human Services O( 1 7p£ ( eal lc( CONTRACTOR:Discover Goodwill of Southern and Western Colorado,a Colorado non-profit corporation By: Print Name: Title: 9 Eagle County HITS General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES,SCHEDULE,FEES LOW-INCOME ENERGY ASSISTANCE PROGRAM(LEAP) PURPOSE To provide all administrative aspects of the Low-Income Energy Assistance Program(LEAP),to qualified Eagle and Pitkin County residents. The purpose of LEAP is to assist low-income households to meet their home heating costs,and address home heating emergencies such as residential heating system repairs. The target population is households with the lowest income and the highest heating costs in relation to income and family size. This may include the elderly,the disabled,the homebound and those who are non-English speaking. Renters and homeowners shall be treated equitably. The LEAP program operates under the authority of Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L.97-35)and Colorado Code of Regulations,sections 3.120-3.860.5;and pursuant to the authority granted by the Colorado Department of Human Services regulations as set forth in Staff Manual Volume 3. These rules are continually revised by the State. The Contractor is expected to operate the program under the current rules and standards for each season. The LEAP program is federally funded and is contingent upon the continued availability of those funds. If the program funding is decreased,terminated,or becomes unavailable,then the contract and services provided under this Agreement shall be decreased or terminated,accordingly. Total annual funding can vary each year and is contingent upon allocation of funds by the Federal and State of Colorado governments to the Eagle County Department of Human Services Department(ECDHS)and Pitkin County Health and Human Services Department (PCHHS). The basic functions of the program include: ➢ Outreach Services ➢ Customer service and consumer education regarding eligibility and the application process ➢ Processing of applications within mandated time limits ➢ Determination of eligibility and benefit amounts ➢ Data entry into the LEAP data management system ➢ Determination and notification of recoveries due from clients and vendors ➢ Maintenance of all client records ➢ Quality assurance activities. ECDHS will provide all Outreach services utilizing the Eagle County and Pitkin County outreach allocation. Eagle County is ultimately responsible for insuring the processing of applications and determining the benefit amount;however,Contractor shall provide complete administration and operational management of the LEAP Program,as set forth below. Payments are issued by the State. The payments are generally issued directly to utility companies and home heating fuel companies and are applied as a credit to the applicant's heating bill. Certain emergency situations can result in the funds being applied to the client's EBT(Electronic Benefits Transfer)card. The majority of funds in the annual allocation are directed toward these benefit amounts for clients. Contractor shall provide: 1. Complete administration of the LEAP Program,including but not limited to: a. Compliance with all LEAP Rules and Regulations. 10 Eagle County HHS General Services Final 5/14 • b. Adequate management and supervisory oversight of the program. c. Hiring and decreasing personnel as necessary for the efficient administration of the program. Contractor shall utilize appropriately qualified and skilled staff in a sufficient number to assure that all Contractor's activities and responsibilities are carried out in a timely and accurate fashion and shall assign staff to each function as needed. d. Establish and maintain fiscal controls and accounting procedures to ensure the proper use and accounting of funds under this program. e. Contractor must have or obtain a postage meter machine to do mailings and track those mailings for the Program(such as the notification of eligibility and other notices which are sent from the State to the ECDHS). The machine and mailings are part of either operation(administrative)or outreach costs and can, with appropriate documentation,be reimbursed to the contractor. f. Contractor will begin processing applications by November 1S`,2014 g. Contractor shall maintain adequate space, staff and operations throughout the term of the Contract. Administrative support services personnel would include,but not be limited to: accounting,internal audit, purchasing,human resources,customer services,and staff development. 2. Complete operational management of the LEAP Program in compliance with all LEAP Rules and Regulations, including but not limited to: a. Collaboration with bulk and non-bulk fuel suppliers under contract with the State. Contractor shall monitor the quality of services that vendors provide to LEAP clients and shall resolve such quality issues or procedural concerns with vendors,and/or report any unresolved problems or concerns to the ECDHS. Contractor shall monitor the following vendor service areas and any others as necessary: - Households are billed by vendors in accordance with LEAP Program rules and regulations. - Appropriate services are provided by vendors to eligibility households. - Appropriate account credits are issued by vendors to eligible households. - Services to LEAP clients that were"shut—off'are later adequately restored by the vendors in accordance with LEAP Program rules and regulations. Account balances are refunded to eligible households(or to the ECDHS)in accordance with the LEAP Program rules and regulations. - Recovery procedures are appropriately initiated by vendors. - Estimated Home Heating Costs(EHHC)are provided for eligible Households using the vendor's service. b. Timely and accurate processing of applications. c. Determination and verification of client eligibility for the program. d. Sending notices of acceptance or denial of the applications. e. All required data entry into the State information system. f. Handling of appeals and other complaints from clients,vendors,and other governmental agencies. g. Determination and notification of recoveries due from clients and vendors h. Maintenance of all required records. This shall include the delivery and maintenance of current records and files. i. Routine customer service. j. Preparation of all required reports,including audit responses to the State and outcome report to the ECDHS. k. Internal quality assurance activities as required by LEAP Program rules and regulations. 1. It is mandatory for all of Contractor's LEAP personnel to attend the annual one-week training provided by the State LEAP Office. This usually occurs in early October.The cost of the training is billable to the LEAP Program. 11 Eagle County HHS General Services Final 5/14 3. Contractor shall assure that all services shall be administered equitably to all participants. 4. Contractor shall assure that culturally relevant services shall be provided with a high degree of respect for all participants,sensitivity to their circumstances and with a commitment to high quality customer service. 5. Contractor must maintain complete confidentiality of client records in accordance with all applicable County, state and federal laws,rules and regulations. Contractor must sign all confidentiality statements required by the State and or the ECDHS. All data related to the LEAP Program belongs to the State/ECDHS or Pitkin County as applicable 6. Contractor shall save in the applicant case file: A)All documentation received by the applicant regarding household information and eligibility issues;and B)All internal documentation by LEAP staff regarding information requests,comments and rationale regarding determination and verification of eligibility,case actions, etc. 7. Contractor must successfully negotiate access to applicable State computer systems necessary to operate the LEAP program. Contractor shall be responsible for all costs associated with obtaining and maintaining all hardware,software,router,controller,and connectivity equipment and any other computer compatibility equipment necessary to successfully access the State computer systems. Contractor must also obtain State and County approval for alternate connection infrastructures,which cannot be assumed. 8. If Contractor connects with the state and other information systems from a new,more remote site than the current offices being used for LEAP,then costs for new installation shall be the sole responsibility of Contractor and would include but not be limited to any necessary cabling costs,switch costs,high speed internet installation and access costs(requires a DSL line,cable modem,or other high speed internet access). 9. Contractor shall submit invoices to the ECDHS in a timely manner;not more than thirty(30)days after services are provided. Submission of invoices after that time shall be paid at the ECDHS' discretion. Billing Methods D Payroll: o Discover Goodwill staff members conduct 100%time recording through our payroll software, Novatime.This software allows the employee to transfer from one department to another while working on case files for that specific county. D Operating Expenses: o Expenses such as;professional fees,supplies,occupancy,telephone,postage,advertising, equipment,meetings,meals,rewards,janitorial and trash are split among all Discover Goodwill LEAP contracts by a formula method.This formula is based on the total number of applications received for each County.During 2013-2014,Goodwill contracted with a total of 20 counties in Colorado.Eagle and Pitkin are billed base upon a percentage along with all other counties. > Breakdown for Eagle&Pitkin: o The total number of applications completed for the previous season will be used as a baseline to determine how to split the invoice between the two counties.Ex:For the 2013-2014 LEAP season year,223 applications for Eagle and 64 for Pitkin.For LEAP season 2014-2015,Eagle County will be billed 78%and Pitkin billed 22%of each monthly invoice. The maximum amount of compensation under this Agreement shall not exceed$10,013. 12 Eagle County HHS General Services Final 5/14 EXHIBIT B CDHS Allocation Letter for County and Pitkin County dated September 24,2014 13 Eagle County HHS General Services Final 5/14 STATE OF COLORADO oFLCkio A CDHS COLORADO -) CO+ 'f office of Economic Security e7s * Division of Food Er Energy A.ssistoncc John W.Hickenlooper Governor Reggie Bicha September 24, 2014 Executive Director Dear Director: The purpose of this letter is to provide county departments with the 2014-2015 LEAP program administration and outreach allocations (Attachment A). The funds are available for use from October 1, 2014 through September 30, 2015. Background Congress has not yet passed a Low Income Energy Assistance Program (LIHEAP) budget for federal fiscal year (FFY) 2015. Instead, Congress has passed a continuing resolution (CR) effective through December 11, 2014 that maintains funding at the FFY 2014 levels,approximately$46M for Colorado. Given the uncertainty regarding the final federal budget, the State estimated a five percent reduction in determining a baseline budget. If Congress passes a budget that provides full funding for Colorado, each county's allocation will be adjusted accordingly. Benefit The minimum benefit is set at $300 and the maximum at $1,300 for the 2014-2015 LEAP year. The projected average benefit is$430, and there will be no statewide adjustment to the benefit. Basic Administration Allocation(CFMS Code L100-5100) The statewide LEAP administrative allocation available for 2014-2015 is $3,869,655. County allocations were determined based on the total number of applications processed in 2013-2014. In prior years, CDHS made adjustments to cover expenditures for counties that overspent their LEAP allocation as part of the year-end, close-out process. However, the challenge of administering county allocations in a time of reduced funding requires a different approach to assure that all counties are treated equitably. CDHS formalized the process for handling over expenditures pursuant to Volume 3.770 in FFY 2013 and will continue to disallow reimbursement for expenditures in excess of the county's allocation unless a written request providing justification for an increase in allocation is approved by the LEAP manager. Please track spending throughout the program year; and if you determine that you are in need of supplemental administrative or outreach funding, submit a letter documenting the need to: Aggie Berens, LEAP Manager CDHS LEAP 1120 Lincoln Street, Suite 1007 Denver, CO 80203-1714 Aggie.berens@state.co.us Our Mission is to Design and Deliver Quality Human Services that Improve the Safety and Independence of the People of Colorado Allowable administrative expenditures include: 1. Personnel costs: Includes LEAP supervisors, eligibility technicians, clerks, data entry personnel, and support staff(e.g. accountants). 2. Rent of office space 3. Office furnishings 4. Telephone expenses 5. Automated systems: Includes computer hardware, software, maintenance, Internet access, etc. 6. Office supplies and equipment 7. Mailing costs: Includes costs to mail letters requesting earnings documentation, heating bills, or other verification required to determine eligibility and benefit amount. 8. Travel: Includes transportation costs between local offices, utility company sites, and travel to meetings, conferences, etc. Outreach Allocation (CFMS Code L300-5200) The methodology to determine the county outreach allocations is the same process used to determine the county LEAP administration funding. The statewide total available for county outreach in FFY 2015 is $600,000. It is more important than ever to use county o utreach dollars effectively. This means keeping in mind that outreach funds can be used for application assistance. Outreach funds may not be used for assistance associated with making an eligibility determination. Counties must ensure that outreach expenditures are related to outreach activities. Expenses charged to outreach should be designated as: 1. Mailing costs: Mailing of LEAP applications, flyers, and return envelopes to potential clients by county staff. This includes mass mailings to all current public assistance households, non-public assistance food assistance households, and last year's LEAP-only approved households. In addition, any daily individual mailings in response to requests by potential clients and/or any supplemental or additional mailings to LEAP clients would be considered outreach. 2. Phone inquiries: This involves responding to general questions or providing information about the program on the telephone. LEAP regulations require county departments to have sufficient telephone lines to ensure access to information without office visits. Negotiations with fuel vendors to forestall shutoffs, exchanging information with vendors regarding applicants, or answering specific case questions for applicants are not considered outreach activities. 3. Countywide outreach visits: This includes county employee visits to various locations to distribute outreach materials and make presentations to community and senior organizations. 4. Visits to outlying locations: County outreach workers may make visits to "outstations," such as senior centers, utility companies, etc., to provide application forms, assist with application completion, and answering questions regarding the program. 5. Home visits: County eligibility technicians make visits to homebound applicants to assist in completing applications and securing required verification. 6. Group intake/orientation: County staff provides program information and reviews applications and verification requirements with a group of potential applicants. 7. Specific weatherization/energy conservation outreach: Several county departments include a presentation at intake sessions, community groups, etc., which offers energy saving tips for homes, apartments, and mobile homes. County workers who make these presentations may answer questions concerning energy conservation and the weatherization program. 2 t 8. Referral: In the course of their daily work,workers often refer clients with home-heating-related problems to other agencies, such as weatherization, the Red Cross, furnace repair services, other community organizations, and/or other social services programs. 9. Advertisement: Costs of placing advertisements in local publications or buying radio or TV advertisements are outreach expenditures. 10. Supervision for activities 1 through 9: Supervision that is involved with each of these activities and generally includes planning each activity, monitoring its effectiveness, and making adjustments/changes. Costs associated with supervision are personnel services, travel, and operating costs (e.g. telephone,postage, envelopes, advertisement, etc.). Please contact me at (303) 861-0337 or Aggie.Berens @state.co.us if you have any questions regarding your county's administrative and/or outreach allocation. Sincerely, litre getvirs Aggie Berens, LEAP Manager Low Income Energy Assistance Program cc: Lena Harris-Wilson,Food and Energy Division Director Esther Son, Program Accounting Supervisor Karon Schleigh, Settlement Accounting County LEAP Managers Kristina Meuller,County Liaison 3 LEAP ALLOCATION CHART 2014/2015 2014/2015 2013/2014 ADMIN OUTREACH TOTAL APPS %'s ADAMS $361,006 $55,975 10,348 9.329% ALAMOSA $52,958 $8,211 1,518 1.369% ARAPAHOE $380,299 $58,966 10,901 9.828% ARCHULETA $14,338 $2,223 411 0.371% BACA $7,710 $1,195 221 0.199% BENT $12,036 $1,866 345 0.311% BOULDER $139,232 $21,588 3,991 3.598% CHAFFEE $22,048 $3,419 632 0.570% CHEYENNE $2,198 $341 63 0.057% CLEAR CREEK $9,071 $1,406 260 0.234% CONEJOS $29,061 $4,506 833 0.751% COSTILLA $23,095 $3,581 662 0.597% CROWLEY $12,245_ $1,899 351 0.316% CUSTER $7,361 $1,141 211 0.190% DELTA $48,632 $7,541 1,394 1.257% DENVER $518,380 $80,376 14,859 13.396% DOLORES $3,454 $536 99 0.089% DOUGLAS $32,235 $4,998 924 0.833% EAGLE $7,780 $1,206 223 0.201% ELBERT $8,757 $1,358 251 0.226% EL PASO $486,040 $75,362 13,932 12.560% FREMONT $74,657 $11,576 2,140 1.929% GARFIELD $22,572 $3,500 647 0.583% GILPIN $3,593 $557 103 0.093% GRAND $6,070 $941 174 0.157% GUNNISON/HINSDALE $11,303 $1,753 324 0.292% HUERFANO $27,526 $4,268 789 0.711% JACKSON $1,989 $308 57 0.051% JEFFERSON $245,322 $38,038 7,032 6.340% KIOWA $2,512 $389 72 0.065% KIT CARSON $7,640 $1,185 219 0.197% LAKE $5,791 $898 166 0.150% LA PLATA $27,560 $4,273 790 0.712% LARIMER $201,610 $31,260 5,779 5.210% LAS ANIMAS $42,108 $6,529 1,207 1.088% 4 LINCOLN $5,652 $876 162 0.146% LOGAN $31,468 _ $4,879 902 0.813% MESA $160,339 $24,861 4,596 4.143% MINERAL $802 $124 23 0.021% MOFFAT $11,757 $1,823 337 0.304% MONTEZUMA $40,050 $6,210 1,148 1.035% MONTROSE $54,877 $8,509 1,573 1.418% MORGAN $26,723 $4,143 766 0.691% OTERO $47,062 $7,297 1,349 1.216% OURAY $3,419 $530 98 0.088% PARK $12,350 $1,915 354 0.319% PHILLIPS $5,338 $828 153 0.138% PITKIN $2,233 $346 64 0.058% PROWERS $25,677 $3,981 736 0.664% PUEBLO $313,944 $48,678 8,999 8.113% RIO BLANCO $2,896 $449 83 0.075% RIO GRANDE $34,294 $5,317 983 0.886% ROUTT $7,780 $1,206 223 0.201% SAGUACHE $19,816 $3,072 568 0.512% SAN JUAN $1,954 $303 56 0.050% SAN MIGUEL $3,942 $611 113 0.102% SEDGWICK $3,768 $584 108 0.097% SUMMIT $2,896 $449 83 0.075% TELLER $25,397 $3,938 728 0.656% WASHINGTON $6,280 $974 180 0.162% WELD $130,929 $20,301 3,753 3.383% YUMA $11,408 $1,769 327 0.295% BROOMFIELD $18,420 $2,856 528 0.476% TOTALS $3,869,655 $600,000 110,921 100.00% 5 %---.14p DISCGOO-01 MJENTINK ALoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Heather Gilginas, CISR CB Insurance,LLC PHONE 719 228-1070 FAX 719 228-1071 1 South Nevada Ave.,Suite 105 (A/C,No,Ext): (A/C,No): Colorado Springs,CO 80903 ADDRESS:heather.gilginas@centralbancorp.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Insurance Company 23850 INSURED INSURER B:Pinnacol Assurance 41190 Discover Goodwill of Southern&Western Colorado INSURER C:Travelers Insurance Company - 1460 Garden of the Gods Rd. INSURER D: Colorado Springs,CO 80907 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES-DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS A .X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PHPK1181684 06/01/2014 06/01/2015 DAMAGETORENTED 1,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 3,000,000 POLICY JECT X LOC PRODUCTS-COMP/OP AGG $ 3r000,000 OTHER: $ AUTOMOBILE LIABILITY CEO aBBII ED SINGLE LIMIT $ 1,000,000 A X ANY AUTO PHPK1181684 06/01/2014 06/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) __ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 15,000,000 A X EXCESS LIAB CLAIMS-MADE PHUB460801 06/01/2014 06/01/2015 AGGREGATE _ $ 15,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N X STATUTE ER B ANYIPROPRIE ER PEARLNER E ECUTIVE N NIA 4069776 06/01/2014 06/01/2015 E.L.EACH ACCIDENT $ 1,000,000 R(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C ERISA 105942770 06/01/2014 06/01/2015 500,000 C Employee Dishonesty 105942770 06/01/2014 06/01/2015 Each Loss 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Department of Human Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 550 Broadway ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 660 Eagle,CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD %"-", DISCGOO-01 MJENTINK A�R L7 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Heather Gilginas, CISR CB Insurance,LLC PHONE FAX 1 South Nevada Ave.,Suite 105 (A/C.No.Ext):(719)228-1070 (A/c,No):(719)228-1071 Colorado Springs,CO 80903 n DRESS:heather.gilginas @centralbancorp.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Insurance Company _23850 _ INSURED INSURER B:Pinnacol Assurance 41190 Discover Goodwill of Southern&Western INSURER C: Colorado 1460 Garden of the Gods Rd. INSURER D: Colorado Springs,CO 80907 INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DREMGETISES CLAIMS-MADE X OCCUR PHPK1181684 06/01/2014 06/01/2015 AMAO{Ea RENTED 1,000,000 P occurrence) $ MED EXP(Any one person) _ $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 3,000,000 POLICY JERo X LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO PHPK1181684 06/01/2014 06/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS X AUT SWNED (eraccdentDAMAGE $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 15,000,000 A X EXCESS UAB CLAIMS-MADE PHUB460801 06/01/2014 06/01/2015 AGGREGATE _ $ 15,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 4069776 06/01/2014 06/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liab PHPK1181684 06/01/2014 06/01/2015 Each Act 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Pitkin County Health&Human Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 0405 Castle Creek Rd.Suite 8 Aspen,CO 81611 AUTHORIZED REPRESENTATIVE 47„,,,e,_, /2)(1--4/ - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD