HomeMy WebLinkAbout930602.tiff ll
WELD COUNTY HOUSING AUTHORITY
PHONE(303)0 Box 1
P.O. Box A
GREELEY,COLORADO 80632
"ilk
COLORADO
TO: Constance L. Harbert, Chairman, Board of County
Commissioners la
FROM: Judy Griego, Director, Department of Social Service
SUBJECT: Emergency Shelter Grant Subcontracts
DATE: July 6, 1993
At the Board of Social Services held on June 2, 1993 the Board approved the
subcontracts between Weld County and the local providers (See attached copy
of the minutes of June 2) .
We are requesting your signiture for Contracts for the Greeley Transitional
House, Catholic Community Services/Northern and A Woman's Place.
The contracts specify performance criteria for 1993 Emergency Shelter Grant
funds which are awarded to each respective homeless service provider.
Catholic Community Services/Northern is awarded $5,355, with Greeley
Transitional House receiving $5,440, while A Woman's Place will receive
$6,205.
If you have any questions, please telephone me at 352-1551 ext. 6200.
930602
'sr)D/ 7
CONTRACT NO: FY93-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 25th day of June, 1993, 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 FY93-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 1993 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
THEREFORE, in consideration of the premises, the parties hereto covenant and agree
as follows:
Page 1 of 6
CONTRACT NO: FY93-ESG-4001
1. Term
This Contract shall become effective upon proper execution of this
Agreement and shall expire June 30, 1994. 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, 1994.
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 Five Thousand
Four Hundred and Forty Dollars ($5,440.00) .
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.
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.
Page 2 of 6
9306C,2
CONTRACT NO: FY93-ESG-4001
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.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both
parties.
Page 3 of 6
930602
CONTRACT NO: FY93-ESG-4001
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.
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) :
Page 4 of 6
9306(12
CONTRACT NO: FY93-ESG-4001
For Social Services:
For the Contractor:
eZ1E �
�i Sheehan, irecto Linda Akers, Executive Director
�ameTitle 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 Greeley Transitional House
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. The term "litigation"
includes an assignment for the benefit of creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty
(30) days written notice and is subject to the availability of funding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the
entire understanding between the parties with respect to the subject
matter hereof, and may not be changed or modified except as stated in
Paragraph 10 herein.
Page 5 of 6
9ti0SC2
CONTRACT NO: FY93-ESG-4001
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS GREELEY TRANSITIONAL HOUSE
WELD COUNTY, COLORADO
A -7onstance L. Harbert, Chairman 0(c/0*B Richard Weiss, President
/ ) �l,.f'.LL�/
WELD COUNTY DEPARTMENT OF SOCIAL � /)� //lace
SERVICES L�'lnda Akers, Executive Director
ATTEST: l
i--- By: 1 P wu, d0
J y Gri , Dirrec or 7_.09 96
//
Weld County Clerk to the Board
BY: (20C-Celz- c -ma eds.2
Deputy Clerk -io 6o40-cl
TCIEST]NG IC BOARD OF C0UTY
:,(sSiUNER SIGNAMES ONLY
Page 6 of 6
9306C2
CONTRACT NO: FY93-ESG-4001 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 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.
2. Definition of Homeless Individuals
For the purposes of funding under the ESG, the term "homeless" or "homeless
individual includes:
9306('2
CONTRACT NO: FY93-ESG-4001 Page 2 of 3
Exhibit A, Continued
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. To develop/pursue the possibility of sharing case management services with
WIRS, A Women's Place and the Catholic Community Services.
B. To develop and share client profile information with WIRS, Catholic
Community Services and A Women' s Place.
C. To provide emergency shelter to 50 families between July 1, 1992 and June
30, 1993.
D. Targeting 857 of residents to secure employment, education, or training to
families prior to leaving.
E. Maintain the current 82% of families securing permanent housing upon
leaving the Greeley Transitional House.
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 Five Thousand Four Hundred and Forty Dollars ($5,440.00) . 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.
Page 3 of 3
9m05n2
CONTRACT NO: FY93-ESG-4001
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 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.
9306C2
CONTRACT NO: FY93-ESG-4001 Page 1 of 2
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.
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.
9306C2
CONTRACT NO: FY93-ESG-4001 Page 2 of 2
Exhibit B, Continued
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;
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.
930sCz
CONTRACT NO: FY93-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 day of June, 1993, 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
FY93-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 1993 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
930602
S47) O77
CONTRACT NO: FY93-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 expire June 30, 1994. 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, 1994.
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
Five Thousand Three Hundred and Fifty-five dollars($5,355) .
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.
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.
Page 2 of 6
930602
CONTRACT NO: FY93-ESG-4002
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.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed
by both parties.
Page 3 of 6
930602
CONTRACT NO: FY93-ESG-4002
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.
Page 4 of 6
93O6ez
CONTRACT NO: FY93-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) :
For Social Services: For the Contractor:
Jim Sheehan, Director WCHA Mary 0 leans, 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: 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.
Page 5 of 6
930602
CONTRACT NO: FY93-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 CATHOLIC COMMUNITY SERVICES
A Division of Catholic Charities
and Community Services, Inc.
--naCickeilleZterdiLC17---
onstance L. Harbert, Chairman ee` y Keifer, P •si. n
rnes� Executive Director
ATTEST:
�n By:
Ju A. G o,Qo
ectoJ�
ATTEST:
Weld County Clerk to the Boar
By: l /cz �c:,. �
C
Deputy Clerk -to Board `\
ATTESTING TO BOARD OF CO! ;; i
OOMMISS ::R S'SNAiU LS C,..L/
Page 6 of 6
9'06C2
CONTRACT NO: FY93-ESG-4002 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.
930602
CONTRACT NO: FY93-ESG-4002 Page 2 of 3
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. To develop/pursue the possibility of sharing case management
services with WIRS, A Women' s Place and the Greeley Transitional
House.
B. To develop and share client profile information with WIRS, Greeley
Transitional House and A Women's Place.
C. To provide emergency shelter to 750 individuals between July 1,
1993 and June 30, 1994.
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 Five Thousand Three Hundred and Fifty-five
dollars($5,355.00) . 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.
930602
CONTRACT NO: FY93-ESG-4002 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.
9306cz
CONTRACT NO: FY93-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.
920602
CONTRACT NO: FY93-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;
930602
CONTRACT NO: FY93-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.
9:3062
49)
CONTRACT NO: FY93-ESG-4003 6
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN A WOMAN'S PLACE, INC. AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this 014_ day of June, 1993, 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 the Contractor."
WITNESSETH
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available
and
Contract sufficient
Encu ante unencumbered
d
balance thereof remains available for payment
FY93-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 Horusinang
Act has of 1990,
has established the Emergency Shelter Grants (ESG) pro g
d
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 1993 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
c'SC1C// 9u0 !ozr
CONTRACT NO: FY93-ESG-4003
1
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 expire June 30, 1994. 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, 1994.
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 Two Hundred and Five Dollars($6,205) .
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.
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.
Page 2 of 6
9306(12
CONTRACT NO: FY93-ESG-4003
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.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed
by both parties.
Page 3 of 6
9306C2
CONTRACT NO: FY93-ESG-4003
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.
Page 4 of 6
9306^2
CONTRACT NO: FY93-ESG-4003
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 WCHA Carol Hunter, 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: 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.
Page 5 of 6
9306C2
CONTRACT NO: FY93-ESG-4003
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 A WOMAN'S PLACE, INC.
idterc
Constance L. Harbert, Chairman Verlee North-Shea, President
°62/0:4193
Carol A. Hunter, Executive Director
ATTEST:
By:
Jud . Gri go, DW:ctor
ATT'ST: I►qdt y, ► •.��
Weld County Cle k to the BoarAl .
l
By: C! N " and
Deputy Clerk }o Beard
ATTESTING TO BOARD OF COUNT?
COMMISSIONER SIGNATURES ONLY
Page 6 of 6
91flgr ::G
CONTRACT NO: FY93-ESG-4003
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
s
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.
Page 1 of 3
930602
CONTRACT NO: FY93-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. To develop/pursue the possibility of sharing case management
services with WIRS, and the Greeley Transitional House.B. To develop and share client profile information with WIRS, and I
Greeley Transitional House. / I�
5Ei2V/c'es Ta 200 iNoiv/J:»c5 i
C. To provide emego,
rgency shelter between July 1, CM {.l
1993 and June 30, 1994. ,\ J
��
Place Inc.
-Counselling Program threugh the Creeley Center and the Fort Lupton pVr
Center. l�p .\'�j eft
y )cl
F n , „ • Resident
Councclling Program.
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 Two Hundred and Five
Dollars($6,205) . The method and time of payment shall be made in
accordance with the "Payment Method" set forth herein.
Page 2 of 3
930602
CONTRACT NO: FY93-ESG-4003
Exhibit A (Continued)
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.
Page 3 of 3
9306C2
CONTRACT NO: FY93-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
9306c2
CONTRACT NO: FY93-ESG-4003
Exhibit B, Continued
S. 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
930602
CONTRACT NO: FY93-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.
9306cz
Hello