HomeMy WebLinkAbout20101674.tiff COORDINATION OF SERVICES AGREEMENT
BETWEEN A WOMAN'S PLACE AND
WELD COUNTY HOUSING AUTHORITY
THIS AGREEMENT made and entered into this ,2e) " day of m3 2010 by and
between the Board of County Commissioners, on behalf of the Weld'' ou Housing Authority,
hereinafter referred to as 'The Housing Authority,"and A Woman's Place,Inc.,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 H1ESG10-931; 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. McXGnney Homeless Act
of 1987, the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, 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 2010 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
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2010-1674
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree
as follows:
1. Term
This Contract shall become effective July 1, 2010 and shall expire June 30, 2011. 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, 2011.
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 Fifteen thousand dollars
($15,000.00). 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 confonnto
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 Contractorhas failed to
comply with the Financial Management Requirements, program 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 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 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.
c. Quarterly 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.
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 orcornections
in performance are satisfactorily completed;
b. request the removal from work on the agreement of employee(s)and oragent(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:
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.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby-
designated representatives of the respective patties. 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 Ms. Lotte Muster, Executive Director
Notice
All notices required to be given by the patties 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: Lotte Muster, Executive Director
Weld County Housing Authority A Woman's Place
P.O. Box 130 PO Box 71
Greeley, CO 80632 Greeley, CO 80632
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 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 tenn "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 matterhereof,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 A WOMAN'S PLACE, INC.
ELD COUNTY(HOUSING AUTHORITY CtIpeDouglas Ra�her, Chair JUL 2 6 2010 , President
ATTEST: IS'�
Attest
Weld County Clerk to the '' `iv Lotte Muster
Executive Director
By:
Deputy Clerk
APPRO AS TO
Co omey
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EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
Under the Emergency Shelter and Case Management Services administered by the Housing
Authority, the Contractor agrees to participate in the program by providing:
A. Emergency shelter services to an individual or family who does not have a place to stay
for the night and does not have the financial resources to secure a place to stay.
B. Case management services to a family who is homeless due to domestic violence.
Eligibility for such services shall consist of the following participant criteria:
1) Introductory Contact
Within the first two (2) days of arriving at the shelter, clients work with advocates to
develop a safety plan and to thoroughly assess individual needs and goal. Case
management also includes legal advocacy, individual and group domestic violence
support and education and assistance in enrolling children in school.
2) Within a week
Within the first week, case management consists of determining housing options and
filling out appropriate paperwork for services such as food stamps and TANF. Case
Mangers may also work with clients to determine employment options. Resources am
identified and provided to clients.
3) Second Week
Case manager follows up with the client to determine if the client has made contact with
the referral resource. A Case manager follows program option guidelines to develop
plan and follow up with the progress. Client continues to look at problems and begins
taking action to solve them.
4) Third Week
The client works to develop and understanding of healthy relationships and establishing
safe boundaries. Advocates also work with clients to identify skills that may be useful
in employment settings.
5) Fourth Week
Most clients have followed their plans and have found housing, so they can move out.
Should they not follow through, during the first through the fourth week, they will be
given a verbal or written warning and asked to leave.
B. The Seven Client Responsibilities
1) Abide by the Rules of the Program
Clients sign a contractual agreement to follow program rules. This includes no abuse
towards others and substance use. Any infractions are documented and referrals are
provided when necessary. The signed substance agreement, medical release from,house
contract, confidentiality and release of information are place in her file, and any
infraction of these will be recorded.
2) Meet with Advocate/Case manager
The client is required to meet with the case manager on a weekly basis and also to check
in daily with morning advocate. Program Planning Guidelines are utilized by case
managers/ advocates to develop a weekly plan with clients. Client plans are placed in
files and used to facilitate progress towards self-sufficiency.
3) Follow through With Referrals
Safety issues and crisis intervention are the top priority during the first four days.
Clients will be provided with referrals to assist in meeting program requirements and
individual goals.
4) Pursue Employment
Many clients served by the Shelterwork with Advocates to develop employment goals.
Advocates are available to assist with resume writing and job search skills.
5) Look for Housing
Many clients are seeking temporary safe housing. Some may return home with
restraining orders and go back to their own residence. Many do not want to leave their
homes,jobs,friends, etc. For those in need of permanent housing,the client is asked to
apply for assisted housing within a week to ten days Within 30 days the client must
find alternative housing. Extensions are granted only under special circumstances.
6) Goals
Clients are provided a goal sheet to help facilitate discussions about needs. Progress is
discussed weekly; more often if needed.
7) Be Alcohol and Substance Free
Signed agreement restricting usage will be placed in each client's file. Any alcohol or
substance abuse will be addressed appropriately, either with a written warning or a
request to leave the safe house. Clients will be given appropriate referrals.
2. Definition of Homeless Individuals
These funds must benefit persons which lack a fixed, regular,and adequate nighttime residence
or a person or family who has a primary 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. 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 Fifteen thousand dollars
($15,000). All funds shall be used as follows:
Essential Services
Case Management $6,000.00
Operations: $9,000.00
TOTAL $15,000
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 10,2010,January 10, 2011,April 10,
2011, and July 7, 2011. Program reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any improvements.
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 Contractororits
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 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 underthis
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 patties.
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
tights 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,ormodificationof
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. Mcl{mney 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;
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 undera public transaction;violation of Federal or State
antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (Federal, State, and local) terminated for cause or default.
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