Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

Participating Agency Agreement CALGARY COORDINATED ACCESS AND ASSESSMENT PROGRAM (CAA) This Agreement is effective September 1, 2013 (the “Effective Date”) between the Calgary Homeless Foundation, hereafter known as “CHF”, and regarding participation in the Calgary Coordinated Access and Assessment Program, hereafter known as "CAA".

Whereas: A. A centralized entry point into the system of care for those experiencing, or at risk of experiencing, homelessness in Calgary will allow for coordinated entry and assistance to be provided to Calgarians according to their level of need; B. The Calgary Homeless Foundation is able to lead the administration of a program for the streamlined prioritization of Calgarians experiencing homelessness, referred to as the Calgary Coordinated Access and Assessment Program (the "CAA"); and C. The CAA is predicated on collaboration among agencies serving homeless Calgarians; In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. DEFINITIONS Capitalized terms used in this Agreement, including the recitals hereto, shall have the meanings set out below: a. “Agency/Agencies” refers to any/all agencies participating in the CAA including Door Agencies and Participating Agencies; b. “Business Days” mean Monday through Friday inclusive, excepting Holidays; c. “CAA” refers to the Calgary Coordinated Access and Assessment Program; d. “CAA Advisory Committee” means the body that discusses procedures, updates, policy and practice guidelines, data analysis, software/hardware upgrades and any other topics or issues relevant to the implementation, operation and maintenance of the CAA; e. “CAA Agency Contact” means the key contact and person responsible for CAA oversight at the as set out in Schedule “A”; f.

“CAA Policies and Standard Operating Procedures” means the Calgary Coordinated Access and Assessment Program: Policies and Standard Operating Procedures manual, attached as Schedule “B” to this Agreement, as amended from time to time and as amended on a quarterly basis, or as frequently as the CAA Advisory Committee require, such amendments which shall be approved by the CAA Advisory Committee and which Agencies shall be advised in writing thereof;

g. “CAA Representative” means any personnel at the who has been identified as a representative of for the purposes of the CAA and for the purposes of attending Placement Committee and assisting in making decisions regarding Client placement;

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Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

h. “CAA Staff” means any personnel, including but not limited to employees, contractors or volunteers, carrying out functions on behalf of or for the purposes of the CAA and representing ; i.

“Client” refers to an individual who is homeless or at risk of homelessness and who is being considered for acceptance and/or placement in a Housing First Program;

j.

“Confidential Information” means any information disclosed by either party and includes, without limitation, any business, marketing, technical information, processes, data, formulae, plans, specifications, know-how, improvements, techniques, donor, fundee or Client lists, personal information of employees or Clients, research, information discussed at Placement Committee or CAA Advisory Committee, or any other committees of the CAA, or information or data that should reasonably be identified as confidential in nature. Notwithstanding the forgoing, Confidential Information shall not include any information that (i) is in the public domain prior to disclosure by either party; or (ii) was previously known to either party prior to the Effective Date of this Agreement, reasonable proof of which lies upon the disclosing party; or (iii) was received by either party without any obligation of confidentiality from a source (other than the other party) lawfully having possession of such information and the right to disclose it; or (d) is released or disclosed to the public by the other party;

k. “Door Agency” means an agency that not only participates in the CAA by agreeing to have all of its clients placed in accordance with direction of the CAA and by accepting all Clients placed through the CAA into its programs, but who also is involved in the implementation and operation of the CAA by completing and using various screening tools to make determinations regarding Client placements and being able to discuss and recommend Client placements at all Placement Committee meetings;; l. “Effective Date” means September 1, 2013; m. “FOIP” means the Freedom of Information and Protection of Privacy Act (Alberta), as amended from time to time; n. “FOIP Notification” refers to the notice provided to all Clients prior to collecting their Personal Information, such notice which is provided by in the manner set out in the HMIS Agreement. o. “HMIS” means the Calgary Homeless Management Information System; p. “HMIS Agreement” means the HMIS participating agency agreement between and the CHF and all related agreements and license(s) referenced in and/or included as a schedule to the HMIS Agreement; q. “HMIS Shelter Point” means the online interface through which Agencies can provide up-todate information regarding placement availability in Housing First Programs; r.

“Holidays” mean any day which is a statutory holiday or where businesses may reasonably be closed in Alberta;

s. “Housing First Program” means any program offered by an Agency including the that provides housing or supports to individuals experiencing or at risk of experiencing homelessness in Calgary; t.

“Participating Agency” means an agency that participates in the CAA by agreeing to have all of its Clients placed in accordance with direction of the CAA and by accepting all Clients placed through the CAA into its Housing First Programs;

u. “Personal Information” means personal information as defined in FOIP; v. “Placement Committee” means the regularly held meetings convened and chaired by the CHF at which decisions are made regarding the placement of Clients in Housing First Programs in Calgary and where one (1) CAA Representative from every Placement Agency and every Door Agency is required to attend; w. “Term” means the period defined in section 3 of this Agreement; Page 2 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

x. “Third Party” means any entity or individual other than the CHF or the . 2.

SCHEDULES

The following schedules are attached to and incorporated into this Agreement and shall form an integral part of it: Schedule “A” – CAA Representative List and CAA Agency Contact for Schedule “B”– CAA Policies and Standard Operating Procedures 3.

TERM

This Agreement shall be in effect from the Effective date until March 31, 2015 (the “Term”) unless terminated in accordance with this Agreement. 4. PURPOSE OF THE CAA The CAA is the centralized entry point into the system of care for those experiencing, or at risk of experiencing, homelessness. The CAA is designed to provide standardized, measurable and transparent service delivery aimed at preventing people from entering the homeless sector as well as triaging the most vulnerable into available spaces in Housing First Programs. 5. CHF POSITIVE COVENANTS The CHF hereby covenants and agrees to: a. ensure the CAA is implemented by the CHF or a Third Party designated and authorized by the CHF so that the CAA is functional and usable by Agencies for the purpose(s) for which it is intended; b. ensure the HMIS Shelter Point system is maintained so it is functional and usable by Agencies; c. monitor HMIS Shelter Point data to evaluate compliance with the CAA; d. act as a central point of communication between Participating Agencies, Door Agencies and the CHF; e. convene and chair Placement Committee meetings to occur approximately once weekly and at least 40 times annually; f.

convene and chair quarterly CAA Advisory Committee meetings providing a minimum of 10 Business Days notice via e-mail of any upcoming CAA Advisory Committee meeting to the CAA Agency Contact and at least one (1) of their designates, as set out in Schedule “A”,;

g. ensure that amendments to the CAAS Policies and Standard Operating Procedures are approved at quarterly CAA Advisory Committee meetings, such approval which shall not be withheld in the case that the CHF is required to make changes due to its funder, contractual or legal obligations, and such written notice of amendments which shall be provided to the who shall be required to comply with the amendment in a reasonable period of time, such time which shall be determined by the nature of the amendment, the steps required for compliance and the necessity for immediate compliance; h. at the CHF’s discretion, where reasonable and appropriate and subject to the CHF’s obligations to any governmental body and any provincial or federal legislation, in compliance with the CAA Policies and Standard Operating Procedures, mine, analyze, and report CAA data and respond to requests for information from Agencies, funders, and other community stakeholders; adhere to all ethical practices and current standards when releasing any reports derived from the CAA in whole or part, making every reasonable effort to protect against the re-identification of records and ensuring that data sets are sufficiently robust to avoid identification of unique individuals; and Page 3 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

i.

in the event that the CAA ceases to exist, make best efforts to provide the within a reasonable period of time, a copy, in machine-readable format, of any electronic data available through the CAA at the date of termination or last use of the CAA in relation to the Clients of ; and

j.

enter into written agreements with all agencies that partake in the CAA.

6. POSITIVE COVENANTS AS A PARTICIPATING AGENCY The hereby covenants and agrees with the CHF to: a.

work diligently, collaboratively and in good faith with the CHF, all Door Agencies and all Participating Agencies;

b.

fulfill its obligations as a Participating Agency in the CAA as set out herein and in the CAA Policies and Standard Operating Procedures;

c.

comply, at all times, with the CAA Policies and Standard Operating Procedures; the terms, conditions and obligations of any agreements for funding between and the CHF; and the terms, conditions and obligations of the HMIS Agreement and all of its related agreements and/or licenses;

d.

transfer all Client waitlists for the ’s Housing First Program(s) to the CAA;

e.

accept any Client placed by the CAA in ’s Housing First Program(s) subject to section 7(b) of this Agreement;

f.

designate a minimum of two (2) and maximum of four (4) CAA Representatives as set out in Schedule “B” to this Agreement;

g.

designate a minimum of one (1) and maximum of two (2) designates of the CAA Agency Contact who shall fill in for the CAA Agency Contact in their absence;

h.

provide prompt written notice to the CHF of a change in the CAA Representatives and shall reappoint and replace any CAA Representative where a majority of the CAA Advisory Committee deems the CAA Representative is unable to continue on the basis of ethical, competency or other reasonable grounds;

i.

provide written notice to the CHF of a change in the CAA Agency Contact or their designate(s) and shall reappoint and replace any CAA Agency Contact or designate where a majority of the CAA Advisory Committee deems the CAA Agency Contact or designate is unable to continue on the basis of ethical, competency or other reasonable grounds;

j.

ensure that one (1) CAA Representative attends every Placement Committee meeting and that is properly represented at Placement Committee at no less than 90% of meetings during any 12 month period;

k.

ensure that the CAA Agency Contact or one of their maximum two (2) designates is present at all CAA Advisory Committee meetings;

l.

allow the CHF and all Agencies to access and use any and all data or information that is provided by the as part of the CAA for the purpose of administering the CAA so long as the access and use does not infringe FOIP requirements and the terms and conditions of this Agreement, including but not limited to the confidentiality provisions and protection of Client personal information and privacy provisions;

m. where legal, permitted by this Agreement and reasonably possible, and in accordance with the CAA Policies and Standard Operating Procedures, make all reasonable efforts to share information with the CHF and/or the Agencies which would aid in the operation of the CAA; n. at the written request of the CHF, comply with any new requirements set by any governmental body and/or provincial or federal legislation in relation to the CAA; o.

establish and maintain an internal agency policy that addresses procedures related to Client confidentiality and staff misconduct and violations in relation to both Personal Information Page 4 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

and Confidential Information and that is understood and signed by every officer, director, employee, contractor, or volunteer of the ; and p.

update HMIS Shelter Point within two (2) Business Days of a change of information, making all reasonable efforts to ensure that the information in HMIS Shelter Point for the is accurate and up-to-date.

7. NEGATIVE COVENANTS The hereby covenants and agrees with the CHF not to: a.

accept or place any Client in any Housing First Program without the prioritization and resulting placement decision of the Placement Committee and pursuant to the requirements of the CAA;

b.

refuse any Client placed with through CAA unless upon written request to the Placement Committee setting out the reasons for the Client not to be placed at , the Placement Committee approves the request in writing; and assign this Agreement without prior written consent from the CHF.

c.

8. PROTECTION OF CLIENT PERSONAL INFORMATION AND PRIVACY a. The agrees that it is solely responsible for ensuring the confidentiality, security and privacy of any data and/or information, including but not limited to Personal Information, obtained, used and/or disclosed by virtue of ’s participation in the CAA and/or in relation to this Agreement and that the is solely responsible for its oversight, error, negligence or other injurious act or omission in relation to the aforementioned data and/or information; b. The shall comply with all applicable provincial and federal laws regarding Personal Information and Client privacy; c. The is responsible for ensuring all CAA Staff, CAA Representatives and any other personnel with access to Personal Information have been trained sufficiently and are aware of their obligations pursuant to this Agreement in order to ensure that Personal Information and Client privacy is protected at all times; and d. The and/or any CAA Staff shall not disclose Client Personal Information to any other CAA Staff, CAA Representative and/or CAA Key Contact who does not have a ‘need to know’ the information in order to carry out their obligations in relation to operating as a Door Agency for the CAA. e.

The and/or any CAA Staff, CAA Representative and/or CAA Key Contact shall not disclose Client Personal Information to any other personnel of , including staff, contractors or volunteers, who are not a CAA Staff, CAA Representative and/or CCASS Key Contact of .

f.

The will provide access to Client information, including Client Personal Information, pertaining to a particular Client, to another Door Agency or Participating Agency, where the Client is being placed at the other agency. The will only provide the Client information to a CAA Staff, CAA Representative or CAA Key Contact and such information shall be transmitted only via the HMIS, at Placement Committee, or discussed via a secure and private telephone call.

g. The shall only input and/or store Client Personal Information within the HMIS. No data of any kind in relation to any Client shall be stored by the in any place other than the HMIS.

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h. The shall inform and provide FOIP Notification to every Client who supplies any Personal Information to the in accordance with the HMIS Agreement. 9. CONFIDENTIAL INFORMATION a. The and the CHF and each of their representatives shall maintain confidentiality of all Confidential Information, and shall not disclose or permit the disclosure, deal with, use, develop or exploit either directly or indirectly, any such Confidential Information, or any part thereof, to any Third Party except as specifically contemplated in this Agreement. b. The shall take all reasonable precautions and actions to prevent the disclosure of Confidential Information or any part thereof to a Third Party where such disclosure would constitute a breach under this Agreement. c. Liability of the in respect to any claims, losses, damages, costs or expenses connected to, in whole or part, failure to maintain confidentiality of all Confidential Information as required by law and by this Agreement shall survive the termination of this Agreement. 10. TERMINATION a. This Agreement shall commence on the Effective Date and remain in force for the Term unless i. terminated by the CHF with 30 days written notice to ; ii. prior to the end of the Term, the CHF and the execute a new agreement in relation to the CAA intended to replace this Agreement, in such case, this Agreement shall automatically terminate the day prior to the effective date of the new agreement; or iii. terminated by the CHF with written notice to as a result of a breach of this Agreement, the HMIS Agreement or any funding agreement between the CHF and the . b. Where the is in breach of this Agreement and the breach is not a significant breach or in the reasonable opinion of the CHF, the breach can be remedied within 15 days, the CHF shall provide the with written notice of the breach and the requirements to remedy the breach. Should the remain in breach of this Agreement and/or not meet the requirements set by the CHF to remedy the breach, the CHF may continue, at any time, to terminate this Agreement by providing written notice to the . c. The CHF, acting reasonably, may terminate or suspend this Agreement at any time, on reasonable grounds if an allegation or actual incident arises regarding a possible or actual breach of this Agreement. In this instance, depending on the particular situation and at the discretion of the CHF, in order to protect the integrity of the CAA, the CHF may immediately terminate this Agreement, or suspend the ’s participation in the CAA until the allegations are resolved. In the case of suspension, this Agreement shall remain in effect. d. Upon termination of this Agreement, the shall no longer participate in any part or way in the CAA and the shall make all reasonable efforts to immediately withdraw its participation and involvement in the CAA and shall provide any and all documentation, records and/or information related to the CAA to the CHF or its authorized delegate CAA administrator within 14 days of the date of termination. e. Upon termination or suspension of this Agreement, the agrees to immediately provide any and all passwords and access information to the CHF or its Page 6 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

authorized delegate CAA administrator in order for the investigation of a possible breach and/or to continue operations of the CAA. f.

The agrees that where this Agreement is terminated due to a breach by the , the may be subject to defunding by the CHF and/or withdrawal from participation in the HMIS and the termination of any agreements respecting the aforementioned.

g. This Agreement may be modified or amended by written agreement executed by both parties. 11. INDEMNITY a. The shall, both during and following the expiry or termination of this Agreement, indemnify and save the CHF and/or any other Participating Agency or Door Agency, their officers, directors, employees, contractors, volunteers or other representatives, harmless from and against all claims, losses, damages, costs, expenses and other actions made, sustained, brought, threatened to be brought or prosecuted, in any manner based upon, occasioned by or attributable to any injury or death of a person, breach of this Agreement or loss or damage to property caused or alleged to be caused by any wilful or negligent act, omission or delay on the part of the or its officers, directors, employees, contractors, volunteers or other representatives in connection with anything purported to be or required to be provided by or done by the pursuant to this Agreement or done otherwise in connection or suffered as a result of participation in the CAA or participation in any activities in whole or part related to the CAA, except that the CHF and/or any Agency shall not claim indemnity under this Section to the extent that the injury, loss or damage has been caused by the gross negligence or willful misconduct of the CHF or the negligence or wilful misconduct of any Agency. For the purposes of this Section, “Agency” does not include the . 12. GENERAL a. Survival. Notwithstanding any termination or expiry of this Agreement, the provisions of sections 8, 9, 10(d), 10(e), 10(f) and 11, and all consequent rights, obligations and liabilities there under shall survive the termination or expiry of this Agreement. b. Relationship. No party is the employee, partner, joint venturer, agent or legal representative of the other party for any purpose. No party shall have any authority to enter into any agreement for or on behalf of the other party or have any authority to make any commitments of any nature for or on behalf of the other. No party shall use the other's name for any business, trade or other reason whatsoever except with the express written consent of the other party first had and obtained. c. Waiver. The failure of either party to enforce at any time or for any period of time any of the provisions of this Agreement shall not constitute a waiver of such provisions or the right of either party to enforce each and every provision. d. Governing Law and Jurisdiction. The rights and obligations arising under this Agreement shall be governed by and construed in accordance with the laws applicable in the Province of Alberta. Any proceeding in relation to this Agreement shall be heard in the City of Calgary, Province of Alberta. e. Force Majeure. The non-performance by either party of an obligation hereunder shall be excused to the extent that performance is rendered impossible by fire, flood, or other act of God, governmental acts or orders or restrictions. f.

Counterpart. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. Page 7 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

g. Notices. Any and all notices which may be given by one of the parties to the other shall be given by prepaid registered mail, fax or hand-delivery to the other party at the following address: in the case of the CHF to: Calgary Homeless Foundation Attention: Manager, CAA 925 7th Avenue SW, Suite 308 Calgary, Alberta, T2P 1A5 Fax: (403) 262-2924 in the case of the to: Attention: Calgary, Alberta, Fax: (403) xxx-xxxx and such notices shall be deemed to have been received five (5) Business Days after mailing if forwarded by mail and the following Business Day if forwarded by fax or hand-delivery. The aforementioned address of either party may be changed at any time by giving five (5) Business Days prior notice to the other party in accordance with the foregoing. h. Electronic Copies. This Agreement may be transmitted electronically in pdf or equivalent format. A complete copy of this Agreement with Schedules included, executed and transmitted electronically, shall be accepted as an original copy. i.

Assignment. Neither party shall assign this Agreement without the consent of the other party.

j.

Entire Agreement. This Agreement and schedules hereto set forth the entire agreement and understanding between the parties and supersede and cancel all previous negotiations, agreements, commitments and writings in respect of the subject-matter hereof and there are no understandings, representations, conditions made or assumed by the parties, other than those expressly contained in this Agreement.

IN WITNESS WHEREOF the parties hereto have duly executed this Agreement on the _____ day of _________________, 2013 in Calgary, Alberta, such Agreement to be effective as of the Effective Date.

CALGARY HOMELESS FOUNDATION By: __________________________________ Date_____________ Dr. John Rook, President & CEO

: By: __________________________________ Date_____________ Printed Name:___________________________________________ Title:_________________________________________ Page 8 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

: By: __________________________________ Date_____________ Printed Name:___________________________________________ Title:_________________________________________

Schedule “A” CAA Representative List and CAA Agency Contact for

CAA Representatives (Minimum of two (2), maximum of four (4)) FIRST NAME

LAST NAME

EMAIL

LAST NAME

EMAIL

LAST NAME

EMAIL

LAST NAME

EMAIL

TITLE FIRST NAME TITLE FIRST NAME TITLE FIRST NAME TITLE

CAA Agency Contact (Required) FIRST NAME

LAST NAME

EMAIL

TELEPHONE TITLE CAA Agency Contact’s First Designate (Required) FIRST NAME

LAST NAME

EMAIL

TELEPHONE TITLE CAA Agency Contact’s Second Designate (Optional) Page 9 of 11

Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

FIRST NAME

LAST NAME

EMAIL

TELEPHONE TITLE

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Calgary Coordinated Access & Assessment Program (CAA) | Participating Agency Agreement

Schedule “B”

CAA Policies and Standard Operating Procedures See insert

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