HomeMy WebLinkAbout20112332.tiff ESG 2011-2012 002
COORDINATION OF SERVICES AGREEMENT
BETWEEN CATHOLIC CHARITIES and COMMUNITY SERVICES of THE
ARCHDIOCESE OF DENVER AND WELD COUNTY HOUSING AUTHORITY
THIS AGREEMENT, made and entered into this day of , 2011, by
and between the Board of County Commissioners, on behalf of the Weld County Housing
Authority, hereinafter referred to as "The Housing Authority," and Catholic Charities and
Community Services of the Archdiocese of Denver., hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Contract Encumbrance Number H2ESG 11931 and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the United States Government, through the Stewart B. McKinney Homeless
Act of 1987, the Stewart B. McKinney Homeless Assistance Amendments Act of 1987, and
Cranston-Gonzalez National Affordable Housing Act of 1990, has established the Emergency
Shelter Grants (ESG) program and has allowed each state to administer such federal funds to help
improve the quality of emergency shelters for the homeless, to help make available additional
emergency shelters, and to help meet the costs of individuals, so that these individuals have access
to safe and sanitary shelters and supportive services and homelessness prevention services and other
types of assistance to improve their situations; and
WHEREAS, the State of Colorado has received its 2011 Program Funds, and awarded
funds to the Housing Authority as governed by the provisions of P.L. 100-404 and P.L. 100-628;
and
WHEREAS. the Housing Authority has received applications from private nonprofit
organizations in Weld County for allocations from Federal ESG funds available to Weld County;
and
WHEREAS, the Contractor is one of the eligible private nonprofit organizations to receive
ESG funds; and
WHEREAS, the Housing Authority and Contractor desire to cooperate to achieve
maximum efficiency and effectiveness among all agencies serving the homeless population of Weld
County; and
NOW THEREFORE, in consideration of the premises, the parties hereto covenantt9 and
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agree as follows:
1. Term
This Contract shall become effective July 27, 2011 and shall expire June 30, 2012.
The Contractor agrees that time is of the 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 June 30, 2012.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one-year ESG Plan, in accordance with policies and
procedures developed by the Housing Authority. In consideration for the monies
and negotiated funding and programmatic criteria to be received from the Housing
Authority, the Contractor shall do, perform, and carry out in a satisfactory and
proper manner, as determined by the Housing Authority, all work elements as
indicated in the "Scope of Services and Payment Schedule," set forth in the attached
Exhibit A, which is attached hereto and incorporated herein by reference, hereinafter
referred to as the "Project." Work performed prior to the execution of this Contract
shall not be considered part of this Project.
3. Funding and Method of Payment
The Housing Authority agrees to pay to the Contractor, in consideration for the work
and services performed a total amount not to exceed Twenty nine thousand dollars
($29,000.001. Expenses incurred by the Contractor, in association with said project
prior to execution of this Agreement, are not eligible ESG expenditures and shall not
be reimbursed by the Housing Authority.
4. 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 ESG must conform to the Single Audit Act of 1996.
5. 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 this Agreement.
b. The Housing Authority may withhold any payment if the Contractor has
failed to comply with the Financial Management Requirements, program
250 2011-2012 002
objectives, contractual terms, or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit B,
which is attached hereto and incorporated herein by reference.
7. Program Reports
a. Quarterly Homeless Assistance Narrative Report: The Contractor shall
submit to the Authority one (1) copy of the Quarterly Narrative Report as
prescribed by the Department of Local Affairs due by the tenth of the month
following the end of the quarter.
b. Quarterly Homeless Prevention Narrative Report: The Contractor shall
submit to the Authority one (1) copy of the Quarterly Narrative Report as
prescribed by the Department of Local Affairs due by the tenth of the month
following the end of the quarter.
c. Quarterly Financial Status Report: The Contractor shall submit to the
Department one (1), copy of the Quarterly Financial Status report and of the
project completion report in a manner and method prescribed by the
Department of Local Affairs due by the tenth of the month following the end
of the quarter.
d. Quarterly Homeless Assistance Demographic Report: The Contractor shall
submit to the Authority One (1), copy of the Quarterly Demographic Report
as prescribed by the Department of Local Affairs due by the tenth of the
month following the end of the quarter.
e. Quarterly Homeless Prevention Demographic Report: The Contractor shall
submit to the Authority One (1), copy of the Quarterly Demographic Report
as prescribed by the Department of Local Affairs due by the tenth of the
month following the end of the quarter.
8. Monitoring and Evaluation
The Contractor and The Housing Authority agree that monitoring and evaluation of
the performance of this Agreement shall be conducted by the Colorado Department
of Local Affairs, other appropriate funding sources. the Contractor, and the Housing
Authority. The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners.
ESC 2011-2012 002
The Contractor shall permit the Colorado Department of Local Affairs, the U.S.
Department of Housing and Urban Development, 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 monitoring may consist of internal
evaluation procedures, examination of 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 the Housing Authority 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. request the removal from work on the agreement of employee(s) and or
agent(s) of the Contractor whom the Director or designee justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable,
or whose continued employment on the Agreement s/he deems to be contrary
to the public interest or not in the best interest of the Housing Authority;
c. 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 Housing Authority. Denial of the amount of payment shall be reasonably
related to the amount of work or deliverables lost to the Housing Authority;
d. terminate the Agreement for cause given 30 day written notice if the
Contractor fails to successfully execute a corrective action plan as prescribed
in writing:
ESC 2211-21__ CO2
1. In the event this Agreement is terminated for cause, final payment to
the Contractor may be withheld at the discretion of The Housing
Authority until completion of final audit
e. incorrect payment to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from
subsequent payments under this Agreement or other agreements between the
Housing Authority and the Contractor, or by The Housing Authority as a
debt due to The Housing Authority or otherwise as provided by law.
I1. Representatives
For the purposes 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 The Housing Authority: For the Contractor:
Thomas Teixeira, Executive Director Enita Kearn-Hout, Regional Director
Notice
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 which such notices shall be sent:
To: Thomas Teixeira, Executive Director To: Enita Kearn-Hout, Regional
Drector
Weld County Housing Authority Catholic Charities and
P.O. Box 130 Community Services of the
Greeley CO 80632 Archdiocese of Denver
2500 1st Ave Bldg AB
Greeley, CO 80631
12. Litigation
The Contractor shall promptly notify the Housing Authority 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, with five
(5) calendar days after being served with a summons, complaint, or other pleading
ESG 201112012 002
which has been filed in any federal or state court or administrative agency, shall
deliver copies of such document(s) to the Housing Authority's Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
13. 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.
14. 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 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
BOARD of COMMISSIONERS CATHOLIC CHARITIES and
COMMUNITY SERVICES of
WELD COUNTY HOUSING AUTHORITY THE ARCHDIOCESE OF DENVER
Barbara Kirki ever , C it r 29 2011 S rctrait's,hee/ T. trait's,
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ATTEST: • �� Attest
Weld County lerk to the Bard F$. ' ;K✓/ � •tteontgime=Biszorm
By li.�i i�_� /,// . • r
Deputy C er
APPROVED AS TO FORM,
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ESG 2C11-2012 002
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists:
A. Emergency shelter services, in accordance with the Stewart B, McKinney Act, Emergency
Shelter Grant (ESG), to help improve the quality of emergency shelter services of the
homeless. ESG funds may by used for the following activities relating to shelter services for
the homeless:
1) Developing and implementing homeless prevention activities including, but
not limited to short-term subsidies to defray rent, mortgage, and/or utility
arrearages, security deposits or first month's rent, and mediation/legal
services.
2) Rehabilitation of existing building, including improvements to increase the
efficient use of energy in buildings. (Rehabilitation means labor, materials,
tools and other costs of improving building, including repair directed toward
accumulation of deferred maintenance; replacement of principal fixtures and
components of existing building; installation of security devices and
improvement through alterations or additions.)
3) Payment of shelter maintenance, operations, (including administration but
excluding staffing costs) rent, repair, security, fuels and equipment,
insurance. utilities and furnishings.
4) Provisions of essential services. including (but not limited to) services
concerned with employment, health, substance abuse, education, or food,
including staff necessary to provide such services.
B. Homeless services. in accordance with the Stewart B. Mc Kinney Homeless
Assistance Act (HAA) of 1987, to enable homeless individuals to make the
transition out of poverty.
ESC 2011-2012 002
2. Definition of Homeless Individuals
For the purposes of funding under the ESG, the term "homeless" or "homeless" individual
includes:
A. An individual who lacks a fixed, regular and adequate nighttime residence that is:
(1) A supervised publicly or privately operated shelter designed to provide temporary
living accommodations (including welfare hotels, congregate shelters and
transitional housing for the mentally ill); or
(2) an institution that provides a temporary residence for individuals intended to be
institutionalized; or
(3) a publicly or private place not designed for, or ordinarily used as a regular sleeping
accommodation for human beings.
3. Performance Goals
The Contractor shall meet the overall performance standard as established in the ESG plans.
The Contractor shall meet specific performance goals as follows:
A. Provide 10.100 nights of shelter and 25.000 meals for 1,000 homeless people including
70 families with an estimated total of 200 children.
1) Maintain a clean safe environment for homeless people.
2) Maintain staff training to provide needed services for homeless clients.
B. Assist homeless families and individuals in moving toward self- sufficiency.
1) Continue case management services to Weld County Job Service
2) Work with 60 families each year on a case management plan.
3) Provide follow-up services for families participating in case management after
they have left the shelter.
..>_ 2211-2012 022
B. Develop adequate resources to continue shelter services such as:
1) Continue to documenting and reporting of shelter and case management statistics.
2) Work with Weld County. City of Greeley, United Way, Interagency Strategic
Planning Committee and shelter providers to develop ways to generate revenue to
operate the shelter.
3) Develop financial support through grant writing and continued contact with
organizations and businesses in the community.
4) Have two fundraising events during the year. Continue to develop in-kind resources.
D. Homeless Prevention Goals
1) Provide rent assistance or utility assistance or back mortgage payment to 25
qualified clients.
2) All (25) clients will be referred to Consumer Credit Counseling Service of Northern
Colorado.
3) Supportive service referrals will be provided to 24 clients based on the needs of the
individual client.
4. Compensation and Method of Payment
The Weld County Housing Authority agrees to pay to the Contractor, in consideration for
the work and services to be performed, a total amount not to exceed Twenty nine thousand
dollars ($29.000.00). All funds shall be as follows:
Operation Cost Categories $13,000
Homeless Prevention
Rental Assistance $8,000
Essential Services
Case Management $8,000
TOTAL $29,000.00
ES: 2011-2C12 002
The method and time of payment shall be made in accordance with the "Payment Method"
set forth herein.
5. Payment Schedule
Interim payments to be made upon submission of appropriate documentation which include
designated narrative reports and invoices. The contractor may request reimbursement every
30 days.
6. Contract Monitoring
Weld County Housing Authority will monitor the Project on an as needed basis.
7. Reporting Schedule
The Contractor will submit a financial and program narrative report detailing the progress of
the Project. Interim financial and program reports will be required quarterly by Weld
County Housing Authority and are due no later than of October 10, 2011, January 10, 2012,
April 10, 2012, and July 7. 2012. Program reports shall describe and evaluate any
difficulties encountered in accomplishing the specifics of the Project and suggest any
improvements.
ESC; 2011-2012 002
EXHIBIT B
1. The Contractor agrees it is an independent contractor and that its officers and employees do
not become employees of Weld County, or the Housing Authority of the City of Greeley nor
are they entitled to any employee benefits as Weld County employees, or Housing Authority
of the City of Greeley employees as the result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, Weld County Housing
Authority, Housing Authority of the City of Greeley 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, Weld
County Housing Authority, the Board of County Commissioners of Weld County, Housing
Authority of the City of Greeley their 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.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunity 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, subsection, paragraph. sentence, clause, or phrase of this Agreement is for
any reason held or decided to be unconstitutional, such decision shall not affect the validity
of the remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County or the Housing Authority of the City of
Greeley 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
1964 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
EEC; 201_-2012 002
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 representative to audit and monitor the Contractor.
9. 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.
10. This Agreement shall be binding upon the parties hereto, their successors. heirs. legal
representatives, and assigns. The Contractor or the Housing Authority may not assign any of
its rights or obligations hereunder without the prior written consent of both parties.
11. 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.
12. The Contract assures that it will fully comply with the Emergency Shelter Grant and
regulations 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 Stewart B. McKinney Homeless Grant Funds.
13. 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 or
agency;
b. Have not, within a three-year period 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
ES; 20ii-2012 002
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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