HomeMy WebLinkAbout20031939.tiff RESOLUTION
RE: APPROVE COORDINATION OF SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - GREELEY TRANSITIONAL HOUSE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Coordination of Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and
Greeley Transitional House, Inc.,commencing July 30,2003,and ending June 30,2004,with further
terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,ex-officio Housing Authority Board,that the Coordination of Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and
Greeley Transitional House, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL COLA O
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ATTEST: Ck <
David E. Long, Chair
unty Clerk to the Boar
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J �, / Robert D. asden, Pro-Tem
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!.ii•` �� M. J. Geile
William H. Jer
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Glenn Vaad
Date of signature: jt tY
2003-1939
HA0023
I. JUL 9 2003
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COORDINATION OF SERVICES AGREEMENT— '" __='Es
BETWEEN GREELEY TRANSISTIONAL HOUSE AND
WELD COUNTY HOUSING AUTHORITY
THIS AGREEMENT, made and entered into this day of -7-,„1._‘. , 2003, by and
between the Board of County Commissioners, on behalf of the Weld Countb Housing Authority,
hereinafter referred to as "The Housing Authority," and Greeley Transitional House, 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 H3ESG0383 land
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 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 2003 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
2003-1939
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as
follows:
1. Term
This Contract shall become effective July 30,2003 and shall expire June 30, 2004. 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, 2004.
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 Eleven Thousand seven hundred
eight three dollars($11,783). 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 underESG
must conform to the Single Audit Act of 1984 and OMB Circular A-128.
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 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. Monthly Programmatic Status Report The Contractor shall submit to the
Department one (1) copy of the monthly programmatic status report in the
manner prescribed by the Housing Authority.
b. Performance Reports The Contractor shall submit to the Department one(1),
copy of monthly performance report and of the project completion report in a
manner and method prescribed by the Housing Authority.
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 ofLocal
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 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:
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 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 Linda Alters, Executive 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: Linda Akers, Executive Director
Weld County Housing Authority Greeley Transitional House
P.O. Box 130 1202 6th Street
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 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 GREELEY TRANSITIONAL HOUSE, INC.
WELD C HOUSING AUTHORITY
David E. Long, Chair (112:13/e � *Ydu
S. Akers, Executive Director
ATTEST:�p'e',, ,_ i, t/, Attest
Weld'•'�,�; Wit;.e Bo: d
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By: * y,�i ..
au � &`pt ' �I —c_.
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scone 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. Grant amounts provided may be used to
provide essential services only if the service is (1) new service, or (b) a
quantifiable increase in the level of essential services provided with local funds
during the 12 months before the Contractor received its ESG grant.
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.
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. Emergency/Self-Sufficiency Program
1. To provide emergency shelter and self-sufficiency program to
sixty(60)families between July 1, 2003 and June 30, 2004.
2. Target 85% of client families to secure employment, education,
or training prior to completing initial program.
3. Target 95% of client families to secure permanent affordable
housing upon completion initial program.
4. Work with the variety of human service agencies and funding
sources in meeting the needs of homeless families, preventing duplication
of services, and promoting high standards of performance.
B. Follow-up Prevention Program
1. Provide follow-up case management for eight (8) families
successfully completing the initial program. This will involve the
establishment of a trusting collaborative relationship, information and
referral, psychosocial support and encouragement, assessment of needs,
goal setting and advocacy.
2. Facilitate life skills group including topics of budget counseling,
self-esteem, self-awareness, stability,responsibility and other educational
topics related to self-sufficiency. Target 80%of client families enrolled in
the follow-up program.
3. Work with the variety of human service agencies and funding
sources in meeting the needs of the enrolled families, preventing
duplication of services,preventing recycle of homelessness,and promoting
high standards of performance.
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 Eleven Thousand seven
hundred eight three dollars ($11,783). All funds shall be used as follows:
Operation Cost Categories
Repair&Maintenance $ 1,200.00
Utilities&Phone 3,050.00
Insurance 1,500.00
Essential Services
Transportation 50.00
Staffing Operations
Staffing 2,126.00
Homeless Prevention
Security Deposits 1,950.00
Case Management 1,907.00
TOTAL $11,783.00
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 single financial and program narrative report detailing the progress
of the Project. Interim financial and program reports will be required monthly by Weld County
Housing Authority and are due no later than the fifth of the following month.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 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 1986
and that no person shall, on the grounds of race, creed, color, sex, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will
provide accurate, current, separate, and complete disclosure of the status of the fluids 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 finds 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;
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 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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