HomeMy WebLinkAbout930489.tiff RESOLUTION
RE: APPROVE EMERGENCY SHELTER GRANT CONTRACT WITH COLORADO DEPARTMENT OF LOCAL
AFFAIRS, DIVISION OF HOUSING, 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 an Emergency Shelter Grant
Contract between Colorado Department of Local Affairs, Division of Housing, and
the Weld County Department of Social Services, commencing July 1, 1993, with the
further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, 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, that the Emergency Shelter Grant Contract between Colorado
Department of Local Affairs, Division of Housing, and the Weld County Department
of Social Services, ex-officio Board of Social Services, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 2nd day of June, A.D. , 1993.
�F �� BOARD OF COUNTY COMMISSIONERS
ATTEST: 4464441�'( WEL COUNTY, COLORADO
Weld County Clerk to the�B Board
/
onstance/ bet, Chairman
Deputy Cterk to the Board W. H. Webster, Pro-Tem
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
George E. Baxter
EXCUSED
County Atto ney Dale K. Hall
A✓Barbara J. Kirkme er
930489
5S 0017
•
EXHIBIT A
Scope of Services
9'0 iS9
EXHIBIT A
SCOPE OF SERVICES
WELD COUNTY
93-123
1. Project Description and Objectives. Using Emergency Shelter Grant funds the
Contractor shall improve the quality of emergency shelter services for the homeless.
This Project consists of providing ESG monies for operations funded in the Project
Budget.
2. Benefit to Homeless Persons. These funds must benefit persons which lack a fixed,
regular, and adequate nighttime residence or a person or family who have a primary
nighttime residence that is:
i) a supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare, hotels, congregate
shelters, and transitional housing for persons with mental illness);
ii) an institution that provides a temporary residence for individuals intended to be
institutionalized; or,
iii) a public or private place not designed for, or ordinarily used as a regular
sleeping accommodation for human beings.
3. Financial Requirements. The Contractor shall comply with the policies, guidelines, and
requirements of 24 CFR part 58 (codified pursuant to OMB Circular No. A-102) and
OMB Circular No. A-87, as they relate to the acceptance and use of ESG amounts by
States and units of local government, and Nos. A-110 and A-122 as they relate to the
acceptance and use of ESG grant amounts by private nonprofit organizations.
4. Contractor Administration. The Contractor shall be responsible for the administration
of the Project. The Contractor may subcontract all or part of the administration duties.
5. State Monitoring. The Department of Local Affairs, Division of Housing will monitor the
Project.
6. Project Budget.
•1 ACT y,�� TOTAL COST p� 3 bESO AMOUNT x IMAW)! '
„ y < r Yv+ t b �. c b u aCx-xax>.a .i" ."Jb v
A teen,Piv € �` <.e.�....V. b' '.[. e. e f J eA1�/Y f�J p �.
Operations sa : S17,000
s e:
� r�ie a ck >r .r . 4� :;i J c $zxat c
:r. c8Y 'i?:� 1:3w' '�5 ya . .;ev"Z T hri..b: ..V. .:. .:n. H. 1 >.J t yea Jb
ttm
°. .eVt ltfQrEyo 04 b. +s y S >> a z l ..-ear` t
y f a J
drnk Str.*tjqjtn l i�`£'a r t '�^ i-f`..i%b t a`r '8a�piCsno s a o
skux xa a, aa. a.,>,r�3t'w'tV`.,w. C�ix'giw lit '° J�"va.4skg5itMns`.c9s`Y"on wY`t 'ax'A`)c q"'`s fi a
" tm,C x.Fz,zai f�.p;..� J ..ea:, w.ii` -
TOTAL $30,000 S17,000 $13,000
Page 1 of 2 Pages
930489
ESO 93-123
7. Time of Performance. This Contract shall be effective upon full and proper execution.
The Contract shall expire on June 30, 1994, except that the Contract may be
extended by mutual agreement of the State and the Contractor for up to twelve (12)
months. Any request for extension by the Contractor shall be submitted in writing to
the Department of Local Affairs, Division of Housing at least thrity (30) days prior to
the expiration of the Contract with a full justification for the extension request.
8. Payment Schedule. The Contractor shall periodically initiate all drawndown requests
by submitting to the Department of Local Affairs, Division of Housing a written request
using the State-provided form, for reimbursement of actual and proper expenditures
of State ESG funds plus an estimation of funds needed for a reasonable length of time.
$16,150 Paid upon receipt and approval of written requests from
the Contractor for funds to meet immediate cash needs.
850 Paid upon of at least eighty-five percent (85%) of the
project provided that the Contractor has submitted and
the Department of Local Affairs, Division of Housing has
accepted all required Financial Status and Performance
Report information.
517,000 TOTAL
9. Allocations to Subrecipients. Unless the project budget specified in paragraph 6 above
includes amounts by subrecipient, county contractors shall allocate funds among
subrecipient organizations in a manner that is consistent with the following priorities
as stated in the ESG proposal: 1) A Women's Place 2) Transitional House and 3)
Catholic Community Services Northern.
10. Reporting Schedule. The Contractor shall submit quarterly Financial Status and Program
reports on the forms prescribed by the Department of Local Affairs, Division of
Housing. The final Financial Status and Program reports shall be submitted within
twenty (20) calendar days after the completion of the Project.
Page 2 of 2 Pages 930 489
Form 6•AC-0218 6/e61
EEG 93-123
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
CONTROL NUMBER
EMERGENCY SHELTER GRANT CONTRACT
THIS CONTRACT, Made this 1st day of July 1993, by and between the State of Colorado for the use and
benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 Sherman Street, #323,Denver,Colorado
80203,hereinafter referred to as the State, and Weld County Department of Social Services. Post Office Box A. Greeley.
Colorado. 80632 hereinafter referred to as the Contractor.
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 Fund Number 100 Appropriation Code
Org. No. , Contract Encumbrance Number • 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 the 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 operating emergency shelters and of providing essential social services
to homeless 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.
WHEREAS, the State of Colorado has elected to administer such federal funds for the State through the
Department of Local Affairs, Division of Housing pursuant to C.R.S. 1973, 24-32-705 (1)(i); and
WHEREAS, the State of Colorado has received its 1992 Emergency Shelter Grant Program Funds under Grant S-
92-DC-08-0001, funds awarded to states are governed by the provisions of P.L. 100-404 and P.L. 100-628; and
WHEREAS, the division has received applications from political subdivisions and private nonprofit organizations
in Colorado for allocations from the federal ESG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions or private nonprofit organizations to receive
ESG funds; and
NOW THEREFORE it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the state,the Contractor shall do, perform,
and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the
"Scope of Services," set forth in Exhibit A, which is attached hereto and is incorporated herein by reference, and is
hereafter referred to as the 'Project." Work performed prior to the execution of this Contract shall not be considered part
of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision
of Judy Grieco an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this
Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the
Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such
replacement assignment.
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3. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project
contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken
and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the
essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later
than the termination date set forth in the Scope of Services.
4. Eligible Activities.ESG funds may be used for the following activities relating to shelter services for the homeless:
a) homeless prevention which includes the development and implementation of activities including, but not
limited to short-term subsidies to defray rent, mortgage, or utility arrearages, security deposits or first
month's rent, and mediation and or legal services;
b) operations which includes the payment of shelter maintenance, operations, including administration but
excluding staffing costs, rent, repairs, security, equipment, insurance, utilities, and furnishings;
c) essential services which includes, but is not limited to, services concerned with employment, health,
substance abuse, education, or food, including staff necessary to provide such services. ESG monies
provided may be used to provide these essential services only if the service is a new service or a
quantifiable increase in the level of essential services provided with local funds during the twelve (12)
months before the Contractor received its initial ESG grant; and,
d) rehabilitation of existing buildings, including improvements to increase the efficient use of energy in
building. Rehabilitation includes labor, materials, tools, and other costs of improving buildings. This
includes repair directed toward an accumulation of deferred maintenance,replacement of principal fixtures
and components of existing buildings, installation of security devices and improvements which include
alteration or additions to the existing building.
5. Ineligible activities. ESG funds may not be used for:
a) acquisition or construction of an emergency shelter for the homeless;
b) the cost of staff involved in overseeing the operation of the shelter; and,
c) rehabilitation services, such as preparation of work specifications, loan processing, or inspections.
6. Limitation to Particular Funds.The parties hereto expressly recognize that the Contractor is to be paid, reimbursed,
or otherwise compensated with funds provided to the State for the purpose of contracting for the services
provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands
and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State.
In the event that such funds or any part thereof are not received by the State, the State many immediately
terminate this Contract.
7. Obligation. Exoenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution
of this Contract are not eligible ESG expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities requiring a
release of funds by the State under the Environmental Review Procedures for the ESG program at 24 CFR Part 58
until such release is issued in writing. Administrative costs, reasonable engineering and design costs, and costs
of other exempt activities identified in 24 CFR 58.34 (a)11) through (8) do not require a release of funds by the
State. For categorically excluded activities listed in 58.35 (a) determined to be exempt because there are no
circumstances which require compliance with any other Federal laws and authorities cited at 58.5,the Contractor
must make and document such a determination of exemption prior to incurring costs for such activities.
c) Definition of a Homeless Persons. Homeless persons are defined, for the purposes of this Contract, as
those persons which lack a fixed, regular, and adequate nighttime residence or a person or family who have a
primary nighttime residence that is:
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i) a supervised publicly or privately operated shelter designed to provide temporary living
accommodations (including welfare,hotels,congregate shelters,and transitional housing for persons with
mental illness);
ii) an institution that provides a temporary residence for individuals intended to be institutionalized;
or,
iii) a public or private place not designed for,or ordinarily used as a regular sleeping accommodation
for human beings.
d) Comoensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for
the work and services to be performed, a total amount not to exceed Seventeen Thousand and No/100($17.000).
The method and time of payment shall be made in accordance with the 'Payment Method' set forth herein.
8. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the
Contractor shall comply with the policies,guidelines and requirements of 24 CFR part 58(codified pursuant to OMB Circular
No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG amounts by States and units of
local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of ESG grant amounts by private
nonprofit organizations.
9. Payment Method. Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all drawdown requests by submitting to the Department a written
request using the State-provided form, for reimbursement of actual and proper expenditures of State ESG funds
plus an estimation of funds needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the applicable financial
management requirements of paragraph 8 above,program objectives,contractual terms,or reporting requirements.
c) The state may withhold payment of the final five (5) percent of the total Contract amount until the
Contractor has submitted and the Department has accepted all required Financial Status Report and Performance
Report information.
10. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department, the state Auditor, or
any of their duly authorized representatives, including an independent Certified Public Accountant of the state's
choosing, or the federal government or any of its properly delegated or authorized representatives shall have the
right to inspect, examine,and audit the contractor's (and any subcontractor's) records, books, accounts and other
relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective
date of this Contract until five(5) years after the date final payment for this project is received by the contractor,
provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the state calls for a discretionary audit as provided above, the
Contractor shall include the project in an annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 1973, 29-1-601, et seq and the Single Audit Act of 1984, Pub. L. 98-502, 24 CFR Part 44, and
federal and state implementing rules and regulations. Such audit reports shall be simultaneously submitted to the
department and the state auditor. Thereafter, the Contractor shall supply the department with copies of all
correspondence from the state Auditor related to the relevant audit report. If the audit reveals evidence of
non-compliance with applicable requirements, the department reserves the right to institute compliance or other
appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973,
29-1-607 or 29-1-608.
11. Contractor. An Independent Contractor. Contractor shall be an independent contractor and shall have no
authorization, express or implied, to bind the state to any agreements, settlements, liability or understanding except as
expressly set forth herein.
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12. Personnel.. The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in
the Scope of Services, all personnel, as employees of the contractor, necessary to perform the work and services required
to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual
relationship with the State and no such personnel are eligible for any employees benefits, unemployment compensation
or any other benefits accorded to state employees. Contractor shall pay when due all required employment taxes and
income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision,
and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform
such services.
The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Insurance Coverage
for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the
State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor
pursuant to this Agreement.
13. Contract Susoension. If the Contractor fails to comply with any contractual provision, the state may, after notice
to the contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional
obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with
provisions herein. The state may determine to allow such necessary and proper costs which the Contractor could not
reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of
the project.
14, contract Termination. This Contract may be terminated as follows:
al Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed, or otherwise compensated with federal ESG funds provided to the state for the purpose of
contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees
that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of
such funds by the state. In the event that such funds or any part thereof are not received by the state, the state
may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements,
or stipulations of this Contract, the state shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least five(51 days before the effective date of such termination. In that event, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other
material prepared by the Contractor under this Contract shall, at the option of the state, become its property, and
the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the state for any damages sustained
by the state by virtue of any breach of the Contract by the contractor, and the state may withhold any payments
to the Contractor for the purpose of set off until such time as the exact amount of damages due the state from
the Contractor is determined.
c) Termination for Convenience. The state may terminate this Contract at any time the state determines that
the purposes of the distribution of state ESG monies under the Contract would no longer be served by completion
of the project. The state shall effect such termination by giving written notice of termination to the Contractor and
specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In
that event, all finished or unfinished documents and other materials as described in subparagraph (b) above shall,
at the option of the state, become its property. If the Contract is terminated by the state as provided herein, the
Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this Contract, less payments of compensation
previously made: Provided, however,that if less than sixty percent(60%)of the services covered by this Contract
have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition
to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this
Contract) incurred by the Contractor during the contract period which are directly attributable to the uncompleted
portion of the services covered by this Contract. If this Contract is terminated due to the fault of the contractor,
Paragraph 14.b) above relative to termination for cause shall apply.
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15. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by
changes in federal or state law or regulations. Any such required modification shall be incorporated into and be
part of this Contract as if fully set forth herein.
b) Proarammatic or Budgetary Modifications. Contractor shall follow the revision procedures if programmatic or
budgetary modifications are desired:
i) The Contractor must submit a written request to the Department and obtain prior written
approval from the Department under the following circumstances:
unless otherwise specified in the Scope of Services, when budgetary changes are
anticipated between budget categories; and
¢. when revisions pertain to the addition of items requiring approval in accordance with the
provisions of the subsection of OMB Circular Nos. A-87 and 102 or Nos. A-110 and A-122
entitled 'Cost Principles."
ii) Under the following circumstances, based upon a written request by the Contractor, approval
for changes must be authorized by the State in an amendment to this contract properly executed and
approved in accordance with applicable law:
$, when cumulative budgetary changes exceed ten (10) percent of the total contract
amount or Ten Thousand Dollars ($10,000), whichever is greater;
h, when the scope, objective or completion date of the Project changes substantially, as
determined by the Department; and
when any additional State funding is needed.
Under such circumstances, the Department's approval is not binding until memorialized in the contract
amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract
other than as set forth in subparagraphs a) and b) above,written notice of the proposed modification shall be given
to the other party. No such modification shall take effect unless agreed to in writing by both parties in an
amendment to this Contract properly executed and approved in accordance with applicable law.
16. Integration. This Contract, as written, with attachments and references, is intended as the complete integration
of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment
hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment
incorporating such changes, executed and approved pursuant to applicable law except as provided in Paragraph 15.
17. Reoorts.
a) Financial Reports. The Contractor shall submit to the Department two (2) original copies of monthly
financial status reports in the manner and method prescribed by the Department. The report is due within 10 days
following the end of each calendar Quarter until completion of the project.
b) Performance Reports. The Contractor shall submit to the Department one (1) original of quarterly
programmatic status report in a manner and method prescribed by the Department. The report is due within 10
days following the end of each calendar Quarter until completion of the project.
18. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the
_ Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall
participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when the employee, officer or agent;any member of his immediate
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family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or
other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its
subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or
potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such
items is nominal.
b) in all Cases Other Than Procurement. In all cases other than procurement (including the provision of
housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and
disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any
functions or responsibilities with respect to ESG activities or who are in a position to participate in a decision
making process or gain inside information with regard to such activities, may obtain a personal or financial interest
or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect
thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this paragraph b)apply to any person who
is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of
any designated public agencies or subcontractors receiving ESG funds.
ii) Threshold Recuirements for Exceotions. Upon the written request of the contractor, the state
may grant an exception to the provisions of this subparagraph b) when it determines that such an
exception will serve to further the purposes of the ESG program and the effective and efficient
administration of the contractor's project. An exception may be considered only after the Contractor has
provided the following:
A disclosure of the nature of the conflict, accompanied by an assurance that:
there has been or will be a public disclosure of the conflict and a description of
how the public disclosure was or will be made; and
ii. the affected person has withdrawn from his or her functions or responsibilities,
or the decision making process with respect to the specific ESG assisted activity in
question; and
b. An opinion of the contractor's attorney that the interest for which the exception is
sought would not violate state or local law; and
A written statement signed by the chief elected official or executive director of the
Contractor holding the state harmless from all liability in connection with any exception which
may be granted by the state to the provisions of this subparagraph b);
iii) Factors to be Considered for Exceptions.. In determining whether to grant a requested exception
after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the state shall
consider the cumulative effect of the following factors, where applicable:
Whether the exception would provide a significant cost benefit or an essential degree
of expertise to the project which would otherwise not be available;
Whether an opportunity was provided for open competitive bidding or negotiation;
Whether the person affected is a member of a group or class of low or moderate income
persons intended to be beneficiaries of the ESG assisted activity, and the exception will permit
such person to receive generally the same benefits as are being made available or provided to
the group or class;
Whether the interest or benefit was present before the affected person was in a position
as described in this subparagraph bl;
g. Whether undue hardship will result either to the Contractor or the person affected when
weighed against the public interest served by avoiding the prohibited conflict; and
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Any other relevant considerations.
19. Cmmnliance with Aoolicable Law). At all times during the performance of this Contract, the Contractor and any
subcontractors shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing
regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508)
providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing
environmental quality.
b) The Lead-Based Paint Poisoning Prevention Act—Title IV(42 USC 4821)prohibiting the use of lead-based
paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to
purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment
of lead-based paint poisoning.
c) Section 3 of the Housing and Community Develooment Act of 1968 (12 USC 1701 (u)), as amended,
providing that, to the greatest extent feasible, opportunities for training and employment that arise through
HUD-financed projects, will be given to lower-income persons in the unit of the project area, and that contracts
be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of
the project area.
d) Section 109 of the Housino and Community Development Act of 1974 (42 USC 5309), as amended,
providing that no person shall be excluded from participation (including employment), denied program benefits or
subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded
in whole or in part under Title I (Community Development) of the Act.
el Title VI of the Civil Riahts Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on
the basis of race, color, or national origin in any program or activity receiving federal financial assistance.
f) Title VIII of the Civil Riahts Act of 1968 (Pub. L. 90-284; 42 USC 3601), as amended, popularly known
as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national
origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing.
g) Executive Order 11246(1965),as amended by Executive Orders 11375,prohibiting discrimination on the
basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal
or federally-assisted contracts in excess of 32,000.
h) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in
housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental
of housing built with federal assistance.
i) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise
qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment),
denied program benefits or subjected to discrimination under any program or activity receiving federal funds.
jl Ace Discrimination Act of 1975 (42 USC 6101),as amended, providing that no person shall be excluded
from participation, denied program benefits or subjected to discrimination on the basis of age under any program
or activity receiving federal funds.
k) Debarred. Suspended. or Ineligible Contractors (24 CFR, part 24), requiring that for procurement of
property, non personal services, Contractor shall evaluate past performance of participants in programs
administered by the Department of Housing and Urban Development, as well as other relevant aspects of the
record and status of the participants, by consulting with HUD's "Consolidated List of Debarred, Suspended, and
Ineligible Contractors and Grantee."
I) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for
"kickbacks" of wages in federally-financed or assisted construction activities.
Page 7 of 12 Pages
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m) Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix A), requiring that for major
rehabilitation or conversion of buildings, prescribed standards for the design,construction, and alteration of publicly
owned residential structures shall be followed to insure that physically handicapped persons will have ready access
to. and use of such structures.
n) Uniform Relocation Assistance and Real Property Accuisition Policies Act of 1970—Title III. Real Property
Accuisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and equitable
treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted programs
and
establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include
bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and
contract negotiations, furnishing to owners of property to be acquired a written summary statement of the
acquisition price offer based on the fair market price, and specified procedures connected with condemnation.
o) Uniform Relocation Assistance and Real Prooertv Acauisition Policies Act of 1970 — Title II. Uniform
Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for fair and
equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation
payments and assistance, last-resort housing replacement by displacing agency, and grievance procedures are
covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant
recipient must adopt a written policy available to the public describing the relocation payments and assistance that
will be provided. Moving expenses and up to 822,500 or more for each qualified homeowner or up to $5,250 or
more for each tenant are potential costs.
p) Primarily Religious Ornanizations (24 CFR 576.22(b))requiring that assistance may be provided under this
part to a grantee or recipient that is a primarily religious organization if the primarily religious organization agrees
to provide all eligible activities under this program in a manner that is free from religious influences and in
accordance with the principles outlined further in the above referenced regulation.
(I) Termination of Assistance Procedures (Section 1402(d) Housing and Community Development Act of
1992) requiring termination of assistance to any individual or family be in accordance with a formal
process established by the ESG fund recipient.
20. Monitoring and Evaluation. The state will monitor and evaluate the Contract with the Contractor under the ESG
program. The Contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the
state has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon
its completion.The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban
Development.
21. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties
may be accomplished within the intent of the contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver
of any other term.
22. Binding on Successorq. Except as herein otherwise provided, this agreement shall inure to the benefit of and be
binding upon the parties, or any subcontractors hereto, and their respective successors and assigns.
23. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell,transfer, assign
or
otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties therein, without the prior
written consent of the other party. No subcontract or transfer of contract shall in any case release the Contractor of liability
under this Contract.
24. Minority Business Enterorise Participation. It is the policy of the State of Colorado that minority business
enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant
contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and
consistent with the efficient performance of this Contract. As used in this Contract,the term'minority business enterprise'
means a business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned
businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this
definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans,
Pace a of 12 Paget
930489
American Indians, American Eskimos and American Aleuts.The Contractor may rely on written representations by bidders,
contractors, and subcontractors regarding their status as minority business enterprises and need not conduct an
independent investigation.
25. Applicant Certifications. The Contractor certifies that it will comply and ensure compliance by non-profit
corporations to which it distributes funds under the Emergency Shelter Grants Program with:
a) Use as an Emergency Shelter Section 424 of the McKinney Act specifies that an ESG recipient using
program funds to provide essential services, or maintenance or operating costs, (including the leasing of
commercial facilities), must carry out the assisted activities "for the period during which ESG assistance is
provided."
b) Use as an Emergency Shelter (24 CFR, 576.73), requiring that any building for which emergency shelter
grant amounts are used for renovation must be maintained as a shelter for the homeless for not less than a
three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or
conversion of the building.
c) Calculating the Agolicable Period The three and 10-year periods referred to in paragraph b) of this section
begin to run:
i) In the case of a building that was not operated as an emergency shelter for the homeless before
receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the
homeless.
ii) In the case of a building that was operated as an emergency shelter before receipt of grant
amounts under this part, on the date that grant amounts are first obligated on the shelter.
d) Domestic Violence Confidentiality Requiring confidentiality for victims of family violence and the location
of shelters for such persons.
e) Building Standards (24 CFR, 576.75), requiring that any building for which emergency shelter grant
amounts are used for renovation, conversion, or major rehabilitation must meet the local government standard of
being in safe and sanitary condition.
fl Assistance to the Homeless (24 CAR, 576.77), requiring that homeless individuals must be given
assistance in obtaining:
l Appropriate supportive services, including permanent housing, medical and mental health
treatment, counseling, supervision, and other services essential for achieving independent living.
ii) Other federal, state, local and private assistance available for such individuals.
g) Rentino Commercial Transient Accommodations.. (24 CFR, 576.51 (C)(v)(A)IB)), requiring that if grant
amounts are proposed to be used to provide emergency shelter for the homeless in hotels or motels, or other
commercial facilities providing transient housing, the contractor:
i) Will provide that the living space will be rented at substantially less than the daily room rate
otherwise charged by the facility; and
ii) The Contractor has considered using other facilities as emergency shelters, and has determined
that the use of such living space in the facilities provides the most cost-effective means of providing
emergency shelter for the homeless in its jurisdiction.
h) Matching Funds(24 CFR,576.71(a)), requiring that the Contractor shall supplement its emergency shelter
grant amounts with the amount set forth in Exhibit A of this Contract. These funds must be provided after
execution of the contract. Contractor may comply with this requirement by providing the supplemental funds itself,
or through supplemental funds provided by a non-profit recipient(s). Funds used to match a previous ESG grant
may not be used to match a subsequent grant award.
Page 9 of 12 Pages
930489
i) Calculatina the Matchina Amount (24 CFR 576.71(b)), requiring that, in calculating the amount of
supplemental funds, there may be included the value of any donated material or building; the value of any lease
on a building; any salary paid to staff of the Contractor or to any non-profit recipient(s) in carrying out the
emergency shelter program; and the time and services contributed by volunteers to carry-out the emergency
shelter program, determined at the rate of $5 per hour. The Contractor shall determine the value of any donated
material or building, or any lease, using any method reasonably calculated to establish a fair market value.
j) Homeless Prevention, (24 CFR 576.21(a)(4)(5)) the requirements which provide that the funding of
homeless prevention activities for families that have received eviction notices or notices of termination of utility
services meet the following standards:
i) that the inability of the family to make the required payments must be the result of a sudden
reduction in income;
ii) that the assistance must be necessary to avoid eviction of the family or termination of the
services to the family;
iii) that there must be a reasonable prospect that the family will be able to resume payments within
a reasonable period of time; and,
iv) that the assistance must not supplant funding for preexisting homeless prevention activities from
any other source.
26. Lobbying. The Contractor assures and certifies that:
a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any 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 a 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, grant,
loan or cooperative agreement.
b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an offer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federally funded contract, grant, loan,
or cooperative agreement, it shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying",
in accordance with its instructions.
c) It shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
d1 It understands that this certification is a material representation of fact upon which reliance was placed when
• this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
27. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an "Application
Statement of Assurances and Certifications" which is hereby incorporated and made a part of this Contract by reference.
28. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and
agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the Contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its
subcontractors.
29. Special Provisions. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the
State, its employees and agents,against any and all claims,damages, liability and court awards including costs, expenses,
and attorney fees incurred as a result of any act or omission by the contractor or its employees, agents, subcontractors,
or assignees pursuant to the terms of this contract.
Page 10 of 12 Paget pp
930489
Form S-AC-028
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller&the Sate of Colorado or such assistant as he may desipumThs
provision is applicable to any contrast involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction.erection,repair.mainmaence,or improvement of any balms.
road,bridge,viaduct,tunnel,excavation or other public watts fort State,the contractor shall,before entering the performance Many such work included in this
contract duly execute and deliver to and file with the official whore signature appears below for the Stag agood and sultriest t bond or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms aft contract Such bond shall be duly executed by a
qualified corporate surety.conditioned for the due and faithful performance of the contract and in addition,shall provide that if the contractor at his subcontractors
fail to duly pay for any labor.materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontrasarin
performance of the work contracted to be done.the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed.delivered and filed,no claim in favorofthe contractor arising under this comma
shall be audited,allowed or paid.A certified orcashier's check or a bank money order payable tote Treamret of the State ofColorado may be accepted in lieu ofa
bond.This provision is in compliance with 38-26-106 CRS,as amended.
INDENENTF'ICAITON
4. To the extent authorized by law,the contractor shall indemnify,save and bold harmless the State,its employees and agents,against any and all data,
damages,liability and court awards including amts,expenses,and attorney fees incurred as a result of any act or omission by the tantractor,or its employees,
agents.subcontractors,or assignees pursuant to the terms Millis contract
DISCRIMINATION AND AFFIR.►LITIVE ACTION
5. The contractor agrees to comply with the tenet and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opponamity and Affirma-
tive Action, dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or nab-contracts
During the performance of this contract,the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color.national aigfn,sex,marital Sans,
religion,ancestry,mental orphysical handicap,or age.The contractor will take affirmative action to insure that applicants am employed,and thatamployes are
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but net be limited to the following employment
upgrading,demotion,or transfer.reau®aent or rte uimnent advertising lay-offs or termination=rats of pay or other forms ofcompe smietx and selection fa
training.including apprenticeship.The contractor epees to port in conspicuous places,available toemployees and applicants for employment,noieatobe pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor melt in all solicitations oradvertisementsfor employees placed by or an behalfMthe contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color.national origin,sea,marital sums,religion,ancestry,mental or physical handicap.or
ala
(3) The contractor will send to each labor union orrepresentative of worke s with which he has collective bargaining agreement or other castractorunderseand-
ing,notice to be provided by the contacting Sliver,advising the labor union or workers'representative of the comnemrs went under the Executive
Order,Equal Opportunity and Affirmative Action.dated April 16, 1975,and of the rules,regulation,and relevant Orders of the C'.eeonr.
(4) The contractor-and laborunions will fosnish all information intemadon and. a required by Exu, uws Order,Equal Opportunity and Amazive Action of AprIl 16.
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto.and will permit a to his books,records,and aseormss by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,repdatims and orders.
(5) A labor -" --.-'.will not exclude any individual otherwise qualifiedfom full membership rights in such laborunmaskt.crape)any such individual
front membership in such labor organization or discriminate against any Hits members in the full enjoyment ofwork opportunity,became arms.creed,color,
set national origin,or ancestry.
(6) A labor orgaoisasion,or the employees ormembers thereof will not aid,abet,incite,compel or coerce the doing Many act defined in this contract to be dis-
criminatory or obstruct or prevent any person bun complying with the provisions of this et a=or any order issued thereunder;or attempt either directly or
indirectly,to commis any act defined in this comma to be dscimimary.
395-53-01-1022
• Revised 1/88 pap 11 Mme pages o.ra.srabe
•
930489
Form 6-AC-02C
(7) In the event of the contractor's nona....plance with the oeo-diseieunasion clauses of this cent warm or with any of sick rules,repdadnwe,onorders.this
contract may be cancelled.terminated or suspended in whole or in pan and the:entracte may be declared ineligible for(order State corn=is accordance
with procedures,authorized in Elam=Order,Equal Oppoamairy and A ismacive Action of Apnl 16.1973 and the tole,repiuians.orerdermpamdpred
in accordance therewith.and such other unctions as may be impacted and remedies as may be=eked a provided in Essen=ce Order,Equal Opp:nmky and
Affirmative Action of April I6, 1973,or by mks,regulations,or orders promulgated in accordance therewith.or as otherwise provided by kw.
(8) The contractor will include the provision of paragraph(1)through(8)in every schema=and mbcontraaar purchase order unless exempted by ruses,
regulations.or order issued pursuant to Eacudve Order.Equal Opportunity and Affirmative Action of April 16,1973.so that such provisions will be binding
upon each subconwaaor or vendor.The contractor will take such union with respect to any submmacisg or purchase order as the contracting agency may
direct,as a means of enforcing such picnics'.melding sanctions for ne►mmplianec provided.hwever,that in the event the contractor become involved
in.or is threatened with.litigation with the submnmaemr or vendor as a result of such direction by the contracting aced,the contractor may requsa the Stale
of Colorado to enter into such Sdgada to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101 t 102.CRS for preference of Colorado labor are applicable to this canna if public works within the State are undertaken hereun-
der and am financed in whole arm pelt by State binds.
b. When mnaavedon count hoc=poh6e project is to be awarded to a bidder.a resident bidder shall be allowed a prdermee against a non-resident bidder
from a state or foreign country equal to the=fen=given or required by the state or foreign county in which the non-resident bidder=resident-resident.If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial elfederal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended.but only to the extent necessary to pm=denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102,CRS).
GENERAL
7. The laws of the State of Colorado and mks and regulations issued pursuant thereto shall be applied in the mteepretatienn,execution and enforcement of Wk
contract Any provision of this contact whether or not incerponted herein by reference which provides for artiumim by say extra-gradual body or pence or
which is otherwise in canton with said laws,tole and regulations shall be considered null and void Nothing contained is say prevision'accentuated herein by
reference which purports to negate this at my other special provision in whole or in pet shall be valid or enfoaable ar available in any action at law whether by
way of complaint.defense err otherwise.My provision rendered null and void by the operation of this provision will not invalidate the remainder of this contact m
the extent that the =tract is capable of manioc-
8. At all times during the performance of this Contact,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18$-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et seq.,(Abuse of Public Office).
CRS 1978 Replacement Vol.,and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee bas a personal or beneficial interest whatsoever in the service err property
described herein:
IN WITNESS WHEREOF.die pries hereto have executed this Contact on the day first above writes.
Contactor. Weld County
(Full pi Name) BOARD OF COUNTY COMMISSIONERS %TAIT W COLORADO
ROY ROMER, GOVERNOR
06/07/93
CONSTANCE L. HARBERT
BY
-s axxcu'rfvt DIRECTOR.
Position(Tale) CHAIRMAN
84-6000&13
sacs • t+✓r to���'tee p Local Affairs
(If Corporation)
� / (�
Attest
By
ec0 BOARD
•
APPROVALS
ATTORNEY GENERAL CONTROLLER
BY BY
Pao 12 ems u se u.s 112 papa
Ms,130M1asa find IMI
-lea esis es—S DGafiar.ea
930489
a
' DEPARTMENT OF SOCIAL SERVICES
416 .
P.O. BOX
G REELEY,COLORADO 80632 Administration and Public Assistance(303)352.1551
r Child Support(303)352-6933
C Protective and Youth Services(303)352-1923
OFood Stamps(303)356-33850
FAX(303)353-5215
COLORADO
TO: Constance L. Harbert, Chairman, Board of County
Commissioners
FROM: Judy Griego, Director, Department of Social Services
Ci
SUBJECT: Emergency Shelter Grants Contract for 1993/94
DATE: May 23, 1993
As discussed at the May 17, 1993 Work Session the State has awarded $17,000
to Weld County to be used in conjunction with homeless activities. The
Contract has been received from the State.
As stated at the Worksession, the State has awarded $11,000 less than what we
received last year. The State, however, is permitting the County to allocate
the Grant amount based on the funding allocation formula as developed through
the Homeless/Housing Task Force. The Homeless providers who were included in
the ESG application to the State and will be provided funds are A Woman' s
Place, Greeley Transitional House and Catholic Community Services (Guadalupe
Center) . The Emergency Shelter Grants Program will provide operating cost
support for the homeless shelters mentioned. The funds will be available July
1, 1993, as follows,
A Woman's Place (36.5%) $ 6,205
Transitional House (32.0%) $ 5,440
Guadalupe Center (31.5%) $ 5,355
Total $17,000
We are recommending that the Board approve the contracts for the Emergency
Shelter Grants program as follows:
1. Contracts between Weld County and Colorado Division of
Housing.
2. Contracts among local providers with Weld County as outlined
above.
If you have any questions, please telephone me at 352-1551 ext. 6200.
53 C 4 E9
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