HomeMy WebLinkAbout940653.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT FOR EMERGENCY
SHELTER GRANT PROGRAM SUBCONTRACTS 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 four Coordination and Purchase
of Services Agreement for Emergency Shelter Grant Program Subcontracts 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
A Woman's Place, Catholic Community Services, Greeley Transitional House, and
Weld Information and Referral Service, with 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 Board of Social Services, that the four Coordination
and Purchase of Services Agreement for Emergency Shelter Grant Program
Subcontracts 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 A Woman's Place, Catholic Community Services, Greeley
Transitional House, 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 agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the followin vote on the 11th day of July, A.D. , 1994.
ATTEST: /q( , BOARD OF COUNTY COMMISSIONERS
' " /��V((( WELD COUNTY, COLORADO
�/. 7
Weld County Clerk to the Board k 1��
i (/J(A/CtIt
W. H. Webster, Chairman
BY: EXCUSED DATE OF SIGNING (AYE)
Deputy lerk o the $r}Tr4. Dale K. Hall, Pry-Tem
APPROVED AS TO FORM: 1 el �. C. -e,„_ A
g�Geo g E. Baxter //��/��
l✓ ///.toml�C...2t/" / l-e L/por
County A torn Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940653
CONTRACT NO: FY94-ESG-4003
�
COORDINATION AND PURCHASE OF SERVICES AGREEMENT_ _,
1% t: A WOMAN'S PLACE, INC f��. D,yr i r ril , �t
WELD CO DEPARTMENT OF SOCIAL !SERVICES U i " f
THIS AGREEMENT, made and entered into this // day of c
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 "A Woman's Place, Inc. , " hereinafter referred to as Abe
Contractor. " 7.44 -
:4 ,
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-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 1994 Progfam'Funds, and
awarded funds to Social Services, as governed by the provisions of P.L. 100-
404 and P.L. 100-628; and
WHEREAS, Social Services 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, Social Services and Contractor desire to cooperate to achieve
maximum efficiency and effectiveness among all agencies serving the homeless
population of Weld County; and
Page 1 of 7
CONTRACT NO: FY94-ESG-4003
WHEREAS, the parties hereto desire to work together for the express
purpose of continuing the availability of food to Weld County homeless and
their families.
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 this Contract 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 ESG 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 the Social Services, all work
elements as indicated in the "Scope of Services and Payment
Schedule," set forth in the attached Exhibit q, 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
Eight Thousand Six Hundred and Eiehty-Five Dollars ($8,685) .
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 Social Services.
4. Financial Management
At all times from the effective date of this Contract until
completion of this Contract, the Contractor shall comply with the
Page 2 Of 7
940653
CONTRACT NO: FY94-ESG-4003
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. 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 monthly
programmatic status report in the manner prescribed by
Social Services.
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 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.
Page 3 of 7
909653
CONTRACT NO: FY94-ESG-4003
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 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 Social Services;
Page 4 of 7
CONTRACT NO: FY94-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 Social
Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables
lost to Social Services;
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 Social Services 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 Social Services and
the Contractor, or by Social Services as a debt due to
Social Services 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 Social Sery es: For the Contractor:illat
at
/ Jim Sheehan, Director WCHA Carol Hunter, Executive
Director
Page 5 of 7
9C0653
CONTRACT NO: FY94-ESG-4003
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: Judy A. Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
To: Carol Hunter
A Woman's Place, Inc.
P.O. Box 71
Greeley, CO 80632
12. 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, 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 Social Services' 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.
9C 0 ,.'.3
Page 6 of 7
CONTRACT NO: FY94-ESG-4003
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 A WOMAN'S PLACE, INC.
W.H. Webster, Chairman 74579/ Marsha Sword, President
L Carol A. Hunter, Executive Director
ATTEST:
JI All (�I� By:
Judy A. G.• go, D rector
/ /
ATTEST: j'i i ` �►�
Weld County Clerk to the Board
By: lile9-f /t /CI,i�a/2"-
D puty Clerk
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
9C0653
Page 7 of 7
CONTRACT NO: FY94-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 od 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 nut excluding staffing costs) rent, repair,
security. fuels and equipment, insurance, utilities and
furnishings.
4) Provisions of essential services, including (but not
limited to) services concerned with employment, health,
substance abuse, education, or food, including staff
necessary to provide such services. Grant amounts provided
may be used to provide essential services only if the
service is (1) new service, or (b) a quantifiable increase
in the level of essential services provided with local
funds during the 12 months before the Contractor received
its ESG grant.
B. Homeless services, in accordance with the Stewart B. Mc Kinney
Homeless Assistance Act (HAA) of 1987, to enable homeless
individuals to make the transition out of poverty.
911'06a3
Page 1 of 3
CONTRACT NO: FY94-ESG-4003
Exhibit A, Continued
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. Operating Costs
1. 24 hour crisis line for phone advocacy. 500 crisis calls
handled by staff. 100 emergency intakes for safe housing. 3000
advocacy phone calls handled by staff and volunteers.
2. 4250 nights of safe housing for 100 adult victims of domestic
violence and their 150 children.
3. 800 individual counselling sessions.
4. 1600 therapeutic group counselling sessions.
5. 70 community presentations on the issues of domestic violence
and the resulting problem of homelessness. Domestic violence
support for male and female students at local high schools.
C OR "--.fl
Page 2 of 3
B. Essential Services
1.To assist at least 25 victims of domestic violence and their
children:
a. to move into permanent housing independent of the abuser and,
b. to access Aid to Families With Dependent Children, Food
Stamps, Medical Services, Pshychological counselling, employemt
counselling, or other appropriate resources and/or services.
4. Compensation and Method of Payment
The Weld County Department of Social Services agrees to pay to the
Contractor, in consideration for the work and services to be performed,
a total amount not to exceed Eight Thousand Six Hundred and Eighty-
Five Dollars($8,685) . 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 Department of Social Services will monitor the Project on
an as needed basis.
7. Renorting 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 Department of
Social Services 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.
Page 3 of 3
949653
CONTRACT NO: FY94-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, 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 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 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.
Page 1 of 3
CONTRACT NO: FY94-ESG-4003
Exhibit B, Continued
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 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 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;
Page 2 of 3
940653
CONTRACT NO: FY94-ESG-4003
Exhibit B, Continued
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.
Page 3 of 3
9C9653
CONTRACT NO: FY94-ESG-4002
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN CATHOLIC COMMUNITY SERVICES/NORTHERN AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this //I/1 day of 9u v__
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 "Catholic Community Services/Northern, A Division of Catholic
Charities and Community Services, 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
FY94-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 1994 Program Funds, and
awarded funds to Social Services, as governed by the provisions of P.L. 100-
404 and P.L. 100-628; and
WHEREAS, Social Services 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
Page 1 of 7
9e4,0653
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 food to Weld County homeless and
their families.
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 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 ESG 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 the 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
Six Thousand Three Hundred and Thirty-Eight dollars($6,338) .
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 Social Services.
Page 2 of 7
94.' 0653
CONTRACT NO: FY94-ESG-4002
4. Financial Management
At all times from the effective date of this Contract until
completion of this Contract, the Contractor shall comply with the
administrative requirements, cost principles and other requirements
set forth in the Financial Management Manual adopted by the State
of Colorado. The required annual audit of all funds expended under
ESG must 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. 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 Revort The Contractor shall
submit to the Department one (1) copy of the monthly
programmatic status report in the manner prescribed by Social
Services.
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 Social Services.
Page 3 of 7
9C0653
CONTRACT NO: FY94-ESG-4002
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 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;
Page 4 of 7
CONTRACT NO: FY94-ESG-4002
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
Social Services;
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 Social Services.
Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social Services;
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 Social Services 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 Social Services and the
Contractor, or by Social Services as a debt due to Social
Services 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 Social Services: For the Contractor:
/ Utzt« (iC
J' Sheehan, Director WCHA Mary O/leans, Director
Page 5 of 7
94' 0653
CONTRACT NO: FY94-ESG-4002
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: Judy A. Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
To: Mary Orleans, Director
Catholic Community Services, Inc
1311 11th Street
Greeley, CO 80632
12. 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, 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 Social Services'
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 6 of 7
94:0G
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 CATHOLIC COMMUNITY SERVICES NORTEERN
A Division of Catholic Charities
and Community Services,INC,
7,: , 4 I,y / 10r.4- Ann/J� l
W.H. Webster, Chairman Role Ann Arias, President
/ _
C.4/ /l/N 0.e.."- 'St>/7Y%.
rnest Giron, Executive Director
ATTEST: ^/ 9
By: /l("7 ��(a
Judy A. Gr' go, Director
/6:444
Q)X
ATTEST:
Weld County Clerk to the Board
By: %4‘.0 'iCf3°._ cra
Delk Tf ,edcBOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
Page 7 of 7
9(9653
CONTRACT NO: FY94-ESG-4002 Page 1 of 4
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 transition out of poverty.
94:06Z3
CONTRACT NO: FY94-ESG-4002 Page 2 of 4
Exhibit A, Continued
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 10,000 nights of shelter and 20,000 meals for 1,200
homeless people including 90 families.
1) Develop by March 1, 1995 an operational system for serving the
additional people at the shelter due to added beds.
2) Train all staff in new system and evaluate by 6/30/94.
3) Orient by March 31, 1995, volunteers and students to new system.
B. Assist homeless families and individuals in moving toward self-
sufficiency.
1) Work with funding sources to provide revenues to fund a staff
person to provide casemanagement for 300 people.
2) Coordinate CCSN Migrant Program casemanagement services with
Guadalupe program to provide casemanagement services for migrants
staying at Guadalupe. (by 5/1/94)
9C96::3
CONTRACT NO: FY94-ESG-4002 Page 3 of 4
Exhibit A, Continued
3) Refer 800 or approximately 70 referrals per month, homeless
individuals to Weld information and Referral services and to
Weld Job Service for assistance with employment. Require the
return of signed referral sheets from all clients within 3 days.
4) Develop a contract with Weld Information and Referral Services
by September 1, 1994, to provide monthly information to CCSN on
referred clients who are receiving casemanagement services, what
services they receive, and outcomes.
5) Continue to maintain an effective working relationship with
other homeless service providers through regular contacts,
referrals, and planning sessions to insure effective, cost
efficients, coordinated services in the community.
C. Develop adequate resources to continue shelter services.
1) Develop and implement a system for documenting outcomes for
shelter clients by 1/31/94. Develop a written system for tracking
which clients found employment and housing, which information will
be used in working with funding sources. Track 40% of clients in
1994.
2) Meet with Weld County, City of Greeley, United Way, Housing
Task Force, and shelter providers at least 6 times annually in
developing effective ways to generate revenues for shelter
operation and casemanagement services.
3) Participate in the United Way campaign by assisting with events
and speaking to groups.
4) Continue to participate in the Weld Housing Task Force and
appropriate sub committees.
D. Continue to develop in-kind support through work wiht churches,
community groups, and the University of Northern Colorado.
1) Meet with at least one church group each month to develop in-
kind support in the form of supplies and volunteers.
2) Participate in monthly Greeley Interfaith meetings.
3) Make at least one presentation per month to a business or
9C061:3
CONTRACT NO: FY94-ESG-4002 Page 4 of 4
Exhibit A, Continued
community group.
4) Continue monthly meetings of Guadalupe Center volunteer advisory
committee.
5) Have at least 2 major media coverages annually.
6) Continue to have at least 6 per year student interns assist with
the shelter services.
4. Compensation and Method of Payment
The Weld County Department of Social Services agrees to pay to the
Contractor, in consideration for the work and services to be performed,
a total amount not to exceed Six Thousand Three Hundred and Thirty-
Eight dollars($6,338) . All funds shall be used for operating costs as
defined in 24 CFR Part 576. 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 Department of Social Services 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 Department of
Social Services 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.
94:06:1:3
CONTRACT NO: FY94-ESG-4002 Page 1 of 3
EXHIBIT B
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 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 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.
CONTRACT NO: FY94-ESG-4002 Page 2 of 3
Exhibit B, Continued
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
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 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;
9C06Z3
CONTRACT NO: FY94-ESG-4002 Page 3 of 3
Exhibit B, Continued
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.
9 06t3
CONTRACT NO: FY94-ESG-4001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN GREELEY TRANSITIONAL HOUSE AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this #17 day of , 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
"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 FY94-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 1994 Program Funds, and awarded
funds to Social Services, as governed by the provisions of P.L. 100-404 and P.L.
100-628; and
WHEREAS, Social Services 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, 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 food to Weld County homeless and their families. NOW
Page 1 of 6
Qf
CONTRACT NO: FY94-ESG-4001
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 and its term 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 ESG 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 the 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 Thirteen
Thousand and Fifty-One ($13,051.00) .
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 Social Services.
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.
Page 2 of 6
Sp flr 3
CONTRACT NO: FY94-ESG-4001
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. 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 monthly programmatic status report
in the manner prescribed by Social Services.
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 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.
Page 3 of 6
SC*G 3
CONTRACT NO: FY94-ESG-4001
All such monitoring shall be performed in a manner that will not unduly
interfere with agreement work.
9. Modification of Aareement
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 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 Social Services;
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 Social Services. Denial of the
amount of payment shall be reasonably related to the amount of work
or deliverables lost to Social Services;
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, final payment to the Contractor may be withheld at the
discretion of Social Services until completion of final audit
Page 4 of 6
9C06Z3
CONTRACT NO: FY94-ESG-4001
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 Social Services and the Contractor, or by Social
Services as a debt due to Social Services 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 Social Services: For the Contractor:
J'm Sheehan, Director inda Akers Executive Director
Name Title `Name Title
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: Greeley Transitional House
Judy A. Griego, Director Linda Akers. Executive Director
P.O. Box A 1202 6th Street
Greeley, CO 80632 Greeley, CO 80631
12. 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, 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 Social Services' Director.
Page 5 of 6
94.06:;3
CONTRACT NO: FY94-ESG-4001
The term "litigation" includes an assignment for the benefit of creditors,
and filings in bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty
(30) days written notice and is subject to the availability of funding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the
entire understanding between the parties with respect to the subject
matter hereof, and may not be changed or modified except as stated in
Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS GREELEY TRANSITIONAL HOUSE
WELD COUNTY, COLORADO
if /
W.H. Webster, Chairman rF /
Warren Yoder,
WELD COUNTY DEPARTMENT OF SOCIAL
SERVICES -L' da Akers, Executive Director
ATTEST::01 Q A
0.0\k By: - 9 __nt P, d X/n�L71P/GP�i{�
Judy . Gri , 4 r , --`
ATTE :
Weld County Clerk t the o
By:
Deputy Clerk
ATTESTING TO BOARD OF COUNTY i
COMMISSIONER SIGNATURES ONLY
Page 6 of 6
940623
CONTRACT NO: FY94-ESG-4001 Page 1 of 4
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 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 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, and under the Emergency Community Services
Homeless Grant (ECSH) to enable homeless individuals to make the
transition out of poverty.
9C0S33
CONTRACT NO: FY94-ESG-4001 Page 2 of 4
Exhibit A, Continued
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 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 fifty (50) families between July 1, 1994 and June 30,
1995.
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
940653
CONTRACT NO: FY94-ESG-4001 Page 3 of 4
Exhibit A, Continued
1. Provide follow-up case management for 85% of 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 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 Department of Social Services agrees to pay to the Contractor,
in consideration for the work and services to be performed, a total amount not
to exceed Thirteen Thousand and Fifty-one Dollars ($13,051.00) . The method and
time of payment shall be made in accordance with the "Payment Method set forth
herein.
5. Project Activities
Activity Total Cost ESG Amount Match Amount
Operating Costs $13,502 $6, 751 $6, 751
Essential Services $3,400 $1, 700 $1, 700
Homeless $9,200 $4,600 $4,600
Prevention
Total $26, 102 $13,051 $13,051
940653
CONTRACT NO: FY94-ESG-4001 Page 4 of 4
Exhibit A, Continued
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.
7. Contract Monitoring
Weld County Department of Social Services 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
funding source. Interim financial reports will be required quarterly by Weld
County Department of 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.
940653
CONTRACT NO: FY94-ESG-4001 Page 1 of 3
Exhibit B
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 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 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.
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CONTRACT NO: FY94-ESG-4001 Page 2 of 3
Exhibit B, Continued
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 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 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;
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CONTRACT NO: FY94-ESG-4001 Page 3 of 3
Exhibit B, Continued
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.
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CONTRACT NO: FY94-ESG-4002 r•..
17 ,
/
COORDINATION AND PURCHASE OF SERVICES AGREEMENT F'
BETWEEN WELD INFORMATION AND REFERRAL SERVICE, INC.AND ,
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
,YI}
THIS AGREEMENT, made and entered into this f- day of
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, 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
FY94-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 1994 Program Funds, and
awarded funds to Social Services, as governed by the provisions of P.L. 100-
404 and P.L. 100-628; and
WHEREAS, Social Services 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, 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 food to Weld County homeless and
their families.
Page 1 of 6
CONTRACT NO: FY94-ESG-4002
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 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. Scone of Services and Payment Schedule
The Contractor has prepared a one year ESG 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 the 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 Nine Hundred and Twenty-Six dollars($9. 926) .
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 Social Services.
4. Financial Management
At all times from the effective date of this Contract until
completion of this Contract, the Contractor shall comply with the
administrative requirements, cost principles and other requirements
set forth in the Financial Management Manual adopted by the State of
Colorado. The required annual audit of all funds expended under ESG
must conform to the Single Audit Act of 1984 and OMB Circular A-128.
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Page 2 of 6
CONTRACT NO: FY94-ESG-4002
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. 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 monthly programmatic
status report in the manner prescribed by Social Services.
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
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.
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Page 3 of 6
CONTRACT NO: FY94-ESG-4002
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 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 Social Services;
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 Social Services.
Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social Services;
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 Social Services 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 Social Services and the
Contractor, or by Social Services as a debt due to Social
Services or otherwise as provided by law.
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Page 4 of 6
CONTRACT NO: FY94-ESG-4002
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) :
Fo ial Services: For the Contrac or:
t'ANA Zs
Sheehan, Director WCHA Melanie George-Hernandez
Executive Director
Notice
All notices required to be given by the parties hereunder shall be
given by certified or registered mail to the individuals at the
addresses set forth below. Either party may from time to time
designate in writing a substitute person(s) or address to whom such
notices shall be sent:
To: Judy A. Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
To: Weld Information and Referral Service, Inc.
P.O. Box 2404
Greeley, CO 80632
12. 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, 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 Social Services'
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.
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Page 5 of 6
CONTRACT NO: FY94-ESG-4002
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes
the entire understanding between the parties with respect to the
subject matter hereof, and may not be changed or modified except as
stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement
as of the day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS WELD INFORMATION AND REFERRAL SERVICE,
INC.
W.H. Webster, Chairman / ? 5/? e1s
, President
kA I e 4
Melanie George-Herman z
Executive Director
ATTEST:
By:
Judy Gri4go, Direc r
ATTEST:
Weld Co ty Clerk to the Board
By: - - ,-C
tin €ell*RD OF COUNTY
COMMISSIONER SIGNATURES ONLY �--
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Page 6 of 6
CONTRACT NO: FY94-ESG-4004 Page 1 of 3
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 transition out of poverty.
2. Definition of Homeless Individuals
For the purposes of funding under the ESG, the term "homeless" or
940653
"homeless" individual includes:
CONTRACT NO: FY94-ESG-4004 Page 2 of 3
Exhibit A, Continued
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 rental assistance or utility assistance or back mortgage
payments to 45 qualified clients
B. All (45) clients will be referred to Consumer Credit Counselling
Service of Northern Colorado.
C. Supportive service referrals will be provided to 45 clients based
on the needs of the individual client.
D. Case management services will be offered to five clients who are in
need of on-going assistance.
4. Compensation and Method of Payment
The Weld County Department of 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 Nine Hundred and Twenty-Six
dollars($9,926.00) . 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.
94®Rs'2
FY94-CONTRACT NO: SG-4004 Page 3 of 3
Exhibit A (Continued)
6. Contract Monitoring
Weld County Department of Social Services 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 Department of
Social Services 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.
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CONTRACT NO: FY94-ESG-4004 Page 1 of 3
EXHIBIT B
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 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 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.
940Rsn
CONTRACT NO: FY94-ESG-4004 Page 2 of 3
Exhibit B, Continued
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
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 regulations promulgated, and all other applicab.e .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;
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CONTRACT NO: FY94-ESG-4004 Page 3 of 3
Exhibit B, Continued
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.
940653
' 11
CCL WELD COUNTY HOUSING AUTHORITY
PRONE(303)3521551
•
P.O. Box A
J 9: 3 GREELEY,COLORADO 80632
' CLERK
COLORADO
TO: W.H. Webster,Chairman,Board of County Commissioners
FROM: Judy Griego,Director,Department of Social Services
SUBJECT: Emergency Shelter Grant Subcontracts
DATE: July 7, 1994
Signed contracts have been received from Greeley Transitional House,Catholic Community Services,A Woman's Place and
Weld Information and Referral Service to provide homeless services through the Emergency Shelter Grant program from July
I, 1994 through June 30, 1995.
This year the State has approved Homeless Preventions Services and Essential Services in addition to Operating Costs as
eligible activities for the 94/95 program. The Contract with the State was approved by the Board on June 13, 1994.
Below is a breakdown of the services and amounts of the individual contracts with to the local services providers:
Agency Activities Amount Awarded
A Woman's Place Operating costs $8,685
Essential services
Catholic Community Services Operating Costs $6,338
Operating Costs $13,051
Essential Services
Greeley Transitional House Homeless Prevention
Weld Information and Referral Homeless Prevention $9,926
Service
Total $38,000
The contracts also specify performance criteria for 1994/95 Emergency Shelter Grant funds which are awarded to each
respective homeless service provider.
We are recommending Board approval of the aforementioned Contracts.
If you have any questions,please telephone me at 352-1551 ext. 6200.
940653
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