HomeMy WebLinkAbout940648.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT FOR EMERGENCY
COMMUNITY SERVICES HOMELESS PROGRAM SUBCONTRACT WITH WELD INFORMATION AND
REFERRAL SERVICES AND AUTHORIZE CHAIRMAN 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 a Coordination and Purchase of
Services Agreement for Emergency Community Services Homeless Program Subcontract
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Social Services, and
Weld Information and Referral Service (WIRS) , commencing July 1, 1994, and ending
June 30, 1995, 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 Board of Social Services, that the Coordination and
Purchase of Services Agreement for Emergency Community Services Homeless Program
Subcontract between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of
Social Services, and Weld Information and Referral Service be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 11th day of July, A.D. , 1994, nunc pro tunc
July 1, 1994.
,fCOUNTY
BOARD OF COMMISSIONERS
ATTEST: WELD COUNTY,, COLORADO yn
Weld County Clerk to the Board ii/( / 1/411
W. H. Webster, Chairman
BY: EXCUSED DATE OF SIGNING (AYE)
Deputy Clerk to the Board Da . Hall, Prfl-Tem% (_
APPROVED AS TO FORM: .r C. Vic``
Geor E. Baxter ����lYrz1�2r o �fvf?�,���t`d'unty :::"Ar Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940648
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CONTRACT NO: FY94-ECSH-3001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN A WELD INFORMATION AND REFERRAL SERVICE (WIRS)
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this � J- of June, 1994, by
and between the Board of County Commissioners, on behalf of the Weld County
Department of Social Services, hereinafter referred to as "Social Services, "
and "Weld Information and Referral Service" 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
FY94-ECSH-3001; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State of Colorado has received its 1992 ECSH Program Funds,
and awarded funds to Social Services, as governed by provisions of P.L. 100-
404 and P.O. 100-628, and
WHEREAS, the United States Government through the Stewart B. McKinney
Homeless Assistance Act of 1987, Pub. L. No. 100-77 (as amended) , has
established an Emergency Community Services Homeless Grant Program (ECSH)
Subtitle D to provide through eligible entities services to homeless
individuals: 1) to provide follow-up and long-term services to enable
homeless individuals to make the transition out of poverty; ,2) to provide
assistance in obtaining social and maintenance services and income support
services for homeless individuals; 3) to promote the private sector and other
assistance providers to provide services to homeless individuals; or 4) to
provide services for the prevention of homelessness; and
WHEREAS, the State of Colorado distributes ECSH funds to Social
Services; and
WHEREAS, Social Services has received applications from private
nonprofit organizations in Weld County allocations from Federal ECSH funds
available to Weld County; and
WHEREAS, the Contractor is one of the eligible private nonprofit
organizations to receive ECSH funds; and
Page 1 of 6
94:0645
CONTRACT NO: FY93-ECSH-3001
WHEREAS, Social Services and Contractor desire to cooperate to achieve
maximum efficiency and effectiveness among all agencies serving the homeless
population of Weld County; and
WHEREAS, the parties hereto desire to work together for the express
purpose of continuing the availability of shelter and services to Weld County
homeless and their families.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
1. Term
This Contract shall become effective upon proper execution of this
Agreement and shall begin July 1, 1994 and shall expire June 30,
1995. 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, 1995.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year ECSH Plan, in accordance
with policies and procedures developed by the Social Services. In
consideration for the monies and negotiated funding and
programmatic criteria to be received from Social Services, the
Contractor shall do, perform, and carry out, in a satisfactory and
proper manner, as determined by Social Services, 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
Social Services agrees to pay to the Contractor, in consideration
for the work and services performed, a total amount not to exceed
Nine Thousand Six Hundred and Twenty Seven Dollars ($9,627.00) , as
follows:
ECSH Homeless Services $ 9,627
TOTAL $9,627
Page 2 of 6
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CONTRACT NO: FY94-ECSH-3001
Any expenses incurred by the Contractor prior to execution of this
Agreement are not eligible ECSH expenditures and shall not be
reimbursed by Social Services pursuant to this Agreement.
Payments will be prorated or reduced if contract is terminated
before June 30, 1995, pursuant to Section 16.
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 ESG and ECSH must conform to the Single Audit Act of 1984 and
OMB Circular A-128.
5. Payment Method
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. Social Services 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 Quarterly
Programmatic Status Report in the manner and method prescribed
by Social Services.
Page 3 Of 6
94,9648
CONTRACT NO: FY94-ECSH-3001
b. Performance Reports. The Contractor shall submit to the
Department one (1) copy of Quarterly performance report and of
a project completion report in a manner and methodprescribed
by Social Services.
8. Monitoring and Evaluation
The Contractor and Social Services 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 Social Services. 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 Social Services or designee may exercise any or all
of 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 as determined solely by the Director. These
remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary
services or corrections in performance are satisfactorily
completed;
Page 4 of 6
940648
CONTRACT NO: FY94-ECSH-3001
b. request the removal from work of those employee(s) and/or
agent(s) of the Contractor whom the Director or designee
identifies 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 Social
Services;
c. deny payment or recover reimbursement for those services or
deliverables which have not yet been performed and which due
to circumstances caused by the Contractor cannot be performed
or if performed would be of no value to the Social Services.
Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social Services;
11. Incorrect payment to the Contractor due to omission, error, fraud,
and/or defalcation shall be recovered from Contractor by deduction
from subsequent payments under this Agreement or other agreements
between Social Services and the Contractor, or by Social Services
as a debt due to Social Services or otherwise as provided by law.
12. 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 Social Services: For the Contractor:
Jim Sheehan. WCHA Director Melanie-George Hernandez.Exec.Director
Name Title Name Title
13. 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: Social Services To: Weld Information & Referral
Service
Judy A. Griego. Director Melanie-George Hernandez Exec. Dir.
P.O. Box A P.O. Box 2404
Greeley. CO 80632 Greeley. CO 80632
Page 5 of 6
9C0648
CONTRACT NO: FY94-ECSH-3001
14. Litigation
The Contractor shall promptly notify Social Services 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, within 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 Social Services Director. The term "litigation" includes an
assignment for the benefit or creditors, and filings in bankruptcy,
reorganization and/or foreclosure.
15. 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.
16. 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 12 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement
as of the day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS WELD I MA ON AND REFERRAL
/11 '
�� / ' y SERV E, �L p
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W. H. Webster, Chairman '7�/�iqY Edga9Bartels, President
::E: , , , ( irecor\ G�Z ,(/
Attest:
Weld County Clerk to the Board
roae.u. I9swntBv leiikl11
3i••'NEE ;GNAtLr,tS L• _ Page 6 of 6
94:0649
Contract No: FY94-ECSH-3001 Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists of:
A. Homeless services, in accordance with the Stewart B. McKinney
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 Client Eligibility.
A homeless individual is eligible for assistance under ECSH if his/her
income is at or below the poverty line established annually in the HHS's
Poverty Income Guidelines which are set forth in this paragraph or
subsequently promulgated by the Colorado Department of Local Affairs in
an amendment letter.
Size of Family Unit Poverty Guideline
1 $ 9,200
2 12,300
3 15, 400
4 18,500
5 21,600
6 24, 700
7 27,800
8 30,900
*For family units with more than 8 members, add $3, 100 for- each additional
member.
3. Definition of Homeless Individuals For the purposes of funding under
the ESG and ECSH, the term "homeless" or "homeless individual" includes:
a. An individual who lacks a fixed, regular, and adequate nighttime
residence; and,
94:0648
Contract No: FY94-ECSH-3001 Page 2 of 3
Exhibit A Continued
b. An individual who has a primary 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 public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
4. Performance The Contractor shall meet the overall performance
standards as established in the ECSH plans. The Contractor shall
meet specific performance goals as follows:
A. To promote a better understanding and awareness of Weeld
Information and Refferal Service's services so clients may have a
ready access to shelter related services.
B To promote case management services by solicitng and conducting 12
presentations to organizations and agencies who deal with housing
issues.
C. To provide 100 quality referrals to other agencies and
organizations, such as a Woman's Place, Greeley Transitional House
Guadalupe Center, Job Service Salvation Army, Social Security
Administration and Weld County Department of Social Services.
D. To assist a minimum of 45 clients in acheiving self-,.sufficiency.
E. To assist a minimum of 40 clients in obtaining permanent,
affordable or subsidized.
5. Compensation and Method of Payment The Social Services agrees to pay to
the Contractor, in consideration for the work and services to be
performed, a total amount not to exceed Nine Thousand Six Hundred and
Twenty-Seven Dollars ($9.627) . The method and time of payment shall be
made in accordance with the "Payment Schedule set forth herein.
6. Funding
ECSH Homeless Services $9,627
94:0648
Contract Number: FY94-ECSH-3001 Page 3 of 3
Exhibit A, Continued
7. 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 for expenses incurred under the
Contractor's plan, which has been approved by Social Services.
8. Contract Monitoring
The Social Services will monitor the Project on an as needed basis.
9. 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 funding source. Interim financial reports will be
required quarterly by Social Services.
Program reports will be required monthly 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.
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CONTRACT NO: FY94-ECSH-3001 Page 1 of 3
EXHIBIT B
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its
officers and employees do not become employees of Weld County, nor are
they entitled to any employee benefits as Weld County employees, as the
result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, 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, the Board of County Commissioners of Weld County, 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 created 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 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
9110648
CONTRACT NO: FY94-ECSH-3001 Page 2 of 3
EXHIBIT B, Continued
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 and 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 evluation 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 Social Services 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 the Emergency Community Services Homeless 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 Community Services Block
Grant and Stewart B. Mc Kinney Grant Funds.
13. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment,
4e0C4A
CONTRACT NO: FY94-ECSH-3001 Page 3 of 3
EXHIBIT B, Continued
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.
940 648
11
�' WELD COUNTY HOUSING AUTHORITY
PHONE(303)352-1551
7 P.O.O. Box Box A
t •
' '. w J , 1 9: 13 GREELEY.COLORADO 80632
'
C�E��r n�
C. t} THE_ pin-)
COLORADO
TO: W.H. Webster, Chairman, Board of County Commissioners
FROM: Judy Griego, Director, Department of Social Services
SUBJECT: Emergency Community Services Homeless Grant and Community Food
and Nutrition Subcontracts
DATE: July 7, 1994
As discussed at the Board meeting of June 13, 1994, the State has awarded $13,569 to Weld County
for the Emergency Community Services Grant Program and the Community Food and Nutrition
Program. Of the amount granted, $9,627 is allocated to the Emergency Community Services Homeless
Grant Program and $3,942 is allocated to the Community Food and Nutrition Program.
Subcontracts have been received from Weld Information and Referral Service to conduct homeless
prevention activities and from Weld Food Bank for the provision of nutrition services to low income
persons.
The contracts specify performance criteria for each agency. Through the contract Weld Information
and Referral Service will receive $9,627 and Weld Food Bank will receive $3,942.
We are recommending that the Board approve the subcontracts with Weld Information and Referral
Service and Weld Food Bank.
If you have any questions, please telephone me at 352-1551 ext.
134O648
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