HomeMy WebLinkAbout920619.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT BETWEEN CATHOLIC
COMMUNITY SERVICES/NORTHERN AND WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Coordination and Purchase of
Services Agreement between Catholic Community Services/Northern and Weld County
Department of Social Services, commencing July 1, 1992, and ending June 30, 1993,
with the further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners,
ex-officio Board of Social Services of Weld County, Colorado, that the
Coordination and Purchase of Services Agreement between Catholic Community
Services/Northern and Weld County Department of Social Services be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of July, A.D. , 1992, nunc pro tunc
July 1, 992.
BOARD OF COUNTY COMMISSIONERS
ATTEST, 6/14 /� //G�2 WELD COUNTY, COLORADO
Weld County Clerk to the Board
7KendYChairmanBY: aor Deputy Clerk io the Boar nce L. Harbert, Pro-Tem
APPROVED A TO FORM: /f.-"Y
C. W. Kirb
Yet
County Attorney Gord . Lac
W. H. Webster
920619
a ;l(p Cr - j1) CC ; rJ L( eTV
CONTRACT NO: FY92-ESG-4002
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN CATHOLIC COMMUNITY SERVICES/NORTHERN AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
erlYN
THIS AGREEMENT, made and entered into this 7 day of July, 1992, 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, 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 unemcumbered
balance thereof remains available for payment in Contract Encumbrance Number
FY92-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 1992 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
920619
CONTRACT NO: FY92-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, 1993. 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, 1993.
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
Ten Thousand ($10,000) .
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
920619
CONTRACT NO: FY92-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
920619
CONTRACT NO: FY92-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
920619
CONTRACT NO: FY92-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 Orleans, 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: Social Services To: Catholic Community Services
Judy A.Griego, Director Catholic Community Services/Northern
P.O. Box A 1311 11th 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.
920619
CONTRACT NO: FY92-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
ii i e l /
rge Ke edy, Chairman 074 Barbara McCluskey, Vice-Pr ident
/Vt Pa( }elA/v11"
Ernest Giron, Executive Director
ATTEST:
�tJ By:
Jud A. GF go, Dir for
ATTEST: Mar
Weld County Clerk to the Board
By: , Z0--t
Deputy 'Clerk
PTT :-1_ . ) 0
CCu ' o L S.GNAijES u.4LY
Page 6 of 6
920619
CONTRACT NO: FY92-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 ubsidies to defray
rent, mortgage, and/or utility arrearages, security deposits
or first month's rent, and mediation/legal services.
2) Rehabilitation of exisitng 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 exisitng building;
installation of security devices and improvement through
alterations or additions. )
3) Payment of shelter maintenace, operations, (including
administration nut excluding staffing costs) rent, repair,
security. fuels and equipment, insurance, utilities and
furnishings.
4) Provisions of essential services, inclusing (but not limited
to) services concerned with employemnt, 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.
920619
CONTRACT NO: FY92-ESG-4002 Page 2 of 3
Exhibit A, Continued
2. Definition of Homelss 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 supervices publicly or privately operattedshelter disigned to
provide temporary living accommodations (including welfare hotels,
congregate shelters and transitional housing for the mentally ill) ;
or
(2) an insitution 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 accomodation for human beings.
3. Performance Goals
The Contractor shall meet the overall performace 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 633 individuals between July 1,
1992 and June 30, 1993.
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 Ten Thousand Dollars ($10,000.00) . 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.
920619
CONTRACT NO: FY92-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 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.
920619
CONTRACT NO: FY92-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.
320619
CONTRACT NO: FY92-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, 1993. 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, 1993.
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
Ten Thousand ($10,000) .
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
92061.9
CONTRACT NO: FY92-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.
920619
411641...
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX 2
GREELEY,COLORADO 80632
"Ripe
Administration and Public Assistance(303)352-1551
Child Support(303)352.6933
Protective and Youth Stamps(303)356- 850
Food Stamps(303)356-3850
FAX(303)353-5215
COLORADO
To: George Kennedy, Chairman
Weld County Board County Commissioners
From: Judy Griego
Re: Contract betwee Weld unty Department of Social Services and Catholic
Community Services/Northern
Date: July 2, 1992
Based upon the approval of the Emergency Shelter Grant, the Department is
recommending entering into a contract with the Greeley Transitional House in
the amount of $10,000 for the purpose of providing homeless services between
July 1, 1992 and June 30, 1993. Funds will be used to support the operating
costs of the shelter.
920619
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