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HomeMy WebLinkAbout20002046.tiff RESOLUTION RE: APPROVE THREE COORDINATION AND PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN 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 three Coordination and Purchase of Services Agreements 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 the following agencies: 1) Catholic Charities Northern 2) Greeley Transitional House 3) A Woman's Place, Inc. Said agreements shall commence upon full execution, and end June 30, 2001, with further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are 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 three Coordination and Purchase of Services Agreements 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 the above stated agencies be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 0-2046 CC .' ///7Ca�hol'e Cha h A,es 4:7,1 o,'/,or /"4es 20o t'U'/nan J P/ze HA0020 0020 RE: THREE COORDINATION AND PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS AGENCIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO ADO ATTEST: Ayal Barbara irkmeyer, Chair Weld County Clerk to t es • ': . o Geil , Pro-Te BY: Deputy Clerk to the George . Baxter �A'P ED AS M: EXCUSED DATE OF SIGNING (AYE) C Dale K. Hall G, my Attorney / d / Glenn Vaad 2000-2046 HA0020 Emergency Services Grant from the Division of Housing Weld County Applied for $45,610 in ESG funds for the 2000/2001 year it received a contract for $43,900 in funds. These funds are used to support the three shelters in Weld County. The following shows the funds requested by the three shelters and the funds they will receive for the 2000/2001 year. Requested Will Receive Catholic Charities $22,500 $21,015 Greeley Transitional House $14,833 $13,712 The Womens Place $ 7,777 $ 7,763 Contracts have been prepared for the above amounts and should be back for the board's approval on the 28th of August. 2000-2046 CONTRACT NO: FY2000-ESG-4002 COORDINATION AND PURCHASE OF SERVICES AGREEMENT BETWEEN CATHOLIC CHARITIES /NORTHERN AND WELD COUNTY HOUSING AUTHORITY THIS AGREEMENT, made and entered into this o26 t` day of Aut,St 2000, 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/Northern," hereinafter referred to as the Contractor." WITNES SETH 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 FY2000-ESG-4002; 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 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 2000 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 1 of 6 0Xb-droyra CONTRACT NO: FY99-ESG-4002 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 covenant and agree as follows: 1. Term This Contract shall become effective upon proper execution of this Agreement. The term of the Contract shall begin , 2000 and shall expire June 30, 2001. 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, 2001. 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 One Thousand Fifteen Dollars ($21,015.00).. 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 2of6 CONTRACT NO: FY2000-ESG-4002 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 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 quarterly performance report and of the Quarterly Financial 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 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. 3 of 6 CONTRACT NO: FY2000-ESG-4002 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 no value to the 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 4 of 6 CONTRACT NO: FY2000-ESG-4002 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: Ernest F.Thomas Teixeira, Director WCHA D Giron . Director r 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 whom such notices shall be sent: Ernest F. Giron To: Thomas Teixeira, Director To: , Director CONTRACT NO: FY2000-ESG-4002 Contractor learns of any actual litigation in which it is a party defendant in a case deliver copies of such document(s) to the the Housing Authority' 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. COMIVIISIONER OF THE WELD CATHOLIC CHARITIES NORTHEN COUNTY HOUSING AUTHORITY . Barbara J. irkmeyer, . hair Abegg, Pre c} n Attest �� Attest �i�;��aR� J�` Weld C.unty Clerk to t j:oSSG Q411 — By: Deputy Clerk ICJ N��� 6 of 6 CONTRACT NO: FY2000-ESG-4002 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. 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 1 of 4 CONTRACT NO: FY2000-ESG-4002 Exhibit A, Continued 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. Provide 9,000 nights of shelter and 22,000 meals for 1,000 homeless people including 80 families. 1) manintain 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 Information and Referral Services and Weld County Job Service 2) Work with 30 families each year on a case management plan. 2 of 4 CONTRACT NO: FY2000-ESG-4002 Exhibit A, Continued 3) Provide follow-up services for families participating in casemanagement after they have left the shelter. C. Develop adequate resources to continue shelter services 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. 5) Continue to develop in-kind resources. D. Homeless Prevention Goals 1. Provide rent assistance or utility assistance or back mortgage payment to 24 qualified clients. 2. All (24) 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 One Thousand Fifteen Dollars ($21,015.001. All funds shall be used for operating costs and Essential Services as follows 3 of 4 CONTRACT NO: FY2000-ESG-4002 Exhibit A Continued Operation Cost Categories Utilities(Electricity, Gas, Water/Sewer and Telephone $8,000 Supplies and Equipment 2,700 Repairs/Maintanance 2,745 Essential Services Case Management $2,435 Prevention Rent Assistance $5,135 TOTAL $21,015 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 CONTRACT NO: FY2000-ESG-4002 EXHIBIT B 1. The Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, Weld County Housing Authority or employees of 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, Weld County Housing Authority, the Board of County Commissioners of Weld County, the Housing Authorityof the City of Greeley, their 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, the Housing Authority of the City of Greeley, its 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 immunities 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. 1 of 3 CONTRACT NO: FY2000-ESG-4002 Exhibit B, Continued 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 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 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 2 of 3 CONTRACT NO: FY2000-ESG-4002 Exhibit B, Continued 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 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. 3 of 3 CONTRACT NO: FY2000-ESG-4001 COORDINATION AND PURCHASE OF SERVICES AGREEMENT BETWEEN GREELEY TRANSITIONAL HOUSE AND WELD COUNTY HOUSING AUTHORITY THIS AGREEMENT, made and entered into this o22 '- day of kupugt , 2000, by and between the Board of County Commissioners, on behalf of the Weld County Housing Authority, hereinafter referred to as "Housing Authority," and"Greeley Transitional House,"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 FY2000-ESG-4001 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 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 2000 Program Funds, and awarded funds to Housing Authority,as governed by the provisions of P.L. 100-404 and P.L. 100-628; and WHEREAS, 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,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 covenant and agree as follows: 1. Term Page 1 of 6 acto-ao 14 CONTRACT NO: FY2000-ESG-4001 This Contract shall become effective upon proper execution of this Agreement and its term shall begin ,2000 and shall expire June 30,2001. 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 30,2001. 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 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 Thirteen thousand seven hundred and twelve dollars ($13312.00) 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 the CFN 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 teens, or reporting Page 2 of 6 CONTRACT NO: FY2000-ESG-4001 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 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 Page 3 of 6 CONTRACT NO: FY2000-ESG-4001 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 Houisng 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 in the event this Agreement is terminated for cause, fmal 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 Housing Authority: For the Contractor: Thomas Teixeira.Director WCHA Linda Akers,Executive Director Name Title Name Title Page 4 of 6 CONTRACT NO: FY2000-ESG-4001 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 whom such notices shall be sent: To: Housing Authority To: Greeley Transitional House Thomas Teixeira,Director Linda Akers.Executive Director P.O. Box 130 1202 6th Street Greeley,CO 80632 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 which has been filed in any federal or state court or administrative agency, shall deliver copies of such document(s) to the Housing Authority' 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. Page 5 of 6 CONTRACT NO: FY2000-ESG-4001 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,month, and year first above written. BOARD OF COMMISSIONERS WELD COUNTY GREELEY TRANSITIONAL HOUSE HOUSING AUTHORITY LD COUNTY,COLO DO A arbaza J. Kirkmey ,Char ( 8128/ZOo0 inda S. Akers,Executive Director i ATTEST: d� � �� C, /i ..:,/ ATTEST: Weld County Clerk to the Boarf Q� ? By: r ./i �1/ % I Deputy Clerk ' ::• , Page 6 of 6 CONTRACT NO: FY2000-ESG-4001 EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE 1. General Scope of Services This project consists of: 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 or 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)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, and under the Emergency Community Services Homeless Grant (ECSH) 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 supervises publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters and transitional housing for Page 1 of 4 CONTRACT NO: FY2000-ESG-4001 Exhibit A,Continued 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 forty-five (45) families between July 1,2000 and June 30,2001. 2. Target 85% of client families to secure employment, education, or training prior to completing initial program. 3. Target 84% 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 counselling, self-esteem, self-awareness, stability, responsibility and other educational topics related to self-sufficiency. Target 80%of client families enrolled in the follow-up Page 2 of 4 CONTRACT NO: FY2000-ESG-4001 Exhibit A,Continued 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 Thirteen Thousand Seven Hundred Twelve Dollars ($13,712). The method and time of payment shall be made in accordance with the "Payment Method set forth herein. 5. Project Activities All funds shall be used for Operating Costs and Essential Services as follows Operation Cost Categories Staffing $2000.00 Utilities(Electricity,Gas,Water/Sewer and Telephone 2800.00 Insurance 1600.00 Repairs and Maintenance 1415.00 Essential Services Case Management 3,897.00 Transportation 0.00 Homeless Prevention Security Deposits 2,000.00 TOTAL $13,712.00 6. 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. Page 3 of 4 CONTRACT NO: FY2000-ESG-4001 Exhibit A,Continued 7. Contract Monitoring Weld County Housing Authority will monitor the Project on an as needed basis. .8 Reporting Schedule The Contractor will submit a single financial and program narrative report detailing the progress of the Project at the completion of the Project for each finding source. Interim financial reports will be required quarterly by Weld County Housing Authority. Program reports will be required quarterly and at the conclusion of the project. These reports shall describe and evaluate any difficulties encountered in accomplishing the specifics of the Project and suggest any improvements. Page 4 of 4 CONTRACT NO: FY2000-ESG-4001 Exhibit B 1. The Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, Weld County Housing Authority 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,as the result of the execution of this Agreement. 2. Weld County, the Weld County Housing Authority, the Board of County Commissioners of Weld County, the Housing Authority of the City of Greeley their 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, the Weld County Housing Authority, the Board of County Commissioners of Weld County, the 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 immunities 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, the Weld County Housing Authority 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 funds received under the Agreement are maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient Page 1 of 3 CONTRACT NO: FY2000-ESG-4001 Exhibit B,Continued 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 Load, 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; Page 2 of 3 CONTRACT NO: FY2000-ESG-4001 Exhibit B,Continued 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. Page 3 of 3 CONTRACT NO: FY99-ESG-4003tp' p COORDINATION AND PURCHASE OF SERVICES AGREEM6str L H 4000 BETWEEN A WOMANS PLACE, INC. AND T yOFG Sri, RFz fyi:. WELD COUNTY HOUSING AUTHORITY THIS AGREEMENT, made and entered into this o?8ti day of A kt} -, 2000, by and between the Board of County Commissioners, on behalf of the Weld County 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 FY2000-ESG-4003; 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 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 2000 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 1 of 7 CONTRACT NO: FY2000-ESG-4003 WHEREAS, s 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 covenant and agree as follows: 1. Term This Contract shall become effective and shall expire June 30, 2001. 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, 2001. 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 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 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 Authoritys agrees to pay to the Contractor, in consideration for the work and services performed, a total amount not to exceed Seven Thousand Seven Hundred Sixty Three ($7,763). 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 2 of 7 CONTRACT NO: FY2000-ESG-4003 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 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 Authoritys 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 3 of 7 CONTRACT NO: FY2000-ESG-4003 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; 4of7 CONTRACT NO: FY2000-ESG-4003 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 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 Authoritys 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 Authoritys as a debt due to The Housing Authoritys 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 Authoritys: For the Contractor: Thomas Teixeira, Director WCHA Sharon Mitchell, 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. 5 of 7 CONTRACT NO: FY2000-ESG-4003 Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent: To: Thomas Teixeira,Director To: A Woman's Place, Inc.. Weld County Housing Authority P.O.Box 71 P.O.Box 130 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 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. 6 of 7 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 COMMISSIONERS A WOMAN'S PLACE, INC. WELD COUNTY HOUS G AUTHORITY Barbara J. Kirkmey r, Chair Ruth Varallo, President (os/zs/zap) ATTEST: Attest Weld County J � � Clerk to the Board BY: S.0-6L)r. X/.Pij Deputy Clerk 7 of 7 CONTRACT NO: FY2000-ESG-4003 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. 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. 1 of 4 CONTRACT NO: FY2000-ESG-4003 Exhibit A, Continued 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. Operation Costs 1. Emergency response via 24- hour crisis phone line. 2. 1000 crisis and/or counselling calls handled by staff. 3. 90 emergency intakes for safe housing. 4. 1500 non-crisis advocacy phone calls handled by staff and volunteers 2 of4 CONTRACT NO: FY2000-ESG-4003 Exhibit A, Continued 5. 3800 nights of safe housing for 90 adult victims of domestic violence and their 135 children. 6. 1000 individual counselling sessions. 7. 800 therapeutic group counselling sessions. 8. 75 community presentations on the issues of domestic violence and the resulting problem of homelessness B. Essential Services 1. to assist at least 30 victims of domestic violence and their children to: a. move into permanent housing independent of the abuser; and b. access appropriate resources and/or services including Aid to Families with dependent Children, Food Stamps, medical services, psychological counselling, employment counselling, and other services as needed. 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 Six Thousand Seven Hundred Seventy Seven. All funds shall be used for operating costs and Essential Services as follows Operation Cost Categories Utilities(Electricity, Gas, Water/Sewer and Telephone $2,000.00 Repair/Maintenance 640.00 Insurance 1,455.00 3 of 4 CONTRACT NO: FY2000-ESG-4003 Exhibit A(Continued) Essential Services Case Management $3,668.00 TOTAL $7763.00 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. 4 of 4 CONTRACT NO: FY2000-ESG-4003 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 immunities 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. 1 of 3 CONTRACT NO: FY2000-ESG-4003 EXHIBIT B 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 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 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 2 of 3 CONTRACT NO: FY2000-ESG-4003 Exhibit B, Continued 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. 3 of 3 Hello