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RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT BETWEEN WELD
INFORMATION AND REFERRAL SERVICE (WIRS) 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 Weld Information and Referral Service (WIRS) 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 Weld Information and
Referral Service (WIRS) 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, 1992.
ATTEST: Adieet12,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
Geer/$e Ke edy, C a rman
BY:
/// -' LZ-�r���
eputy erk to the Boat, Constance L. Harbert, Pro-Tem
APPROVED AS FORM: ter..4
C. W. Kir /J
County Attorney Gordo ac
W. H. Webster
920617
o I(4, -z_cc CI)/
CONTRACT NO: FY92-ECSH-3001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN A WELD INFORMATION AND REFERRAL SERVICE (WIRS)
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES I n
THIS AGREEMENT, made and entered into this of•iti, 1992, by and
between the Board of County Commissioners, on behalf of the Weld Co ty Department
of Social Services, hereinafter referred to as "Social Services," and "Weld
Information and Referral Service" hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains
available for payment in Contract Encumbrance Number FY92-ECSH-3001; and
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, the State of Colorado has received its 1992 ECSH Program Funds, and
awarded funds to Social Services, as governed by provisions of P.L. 100-404 and P.O.
100-628, and
WHEREAS, the United States Government through the Stewart B. McKinney Homeless
Assistance Act of 1987, Pub. L. No. 100-77 (as amended) , has established an Emergency
Community Services Homeless Grant Program (ECSH) Subtitle D to provide through
eligible entities services to homeless individuals: 1) to provide follow-up and long-
term services to enable homeless individuals to make the transition out of poverty;
2) to provide assistance in obtaining social and maintenance services and income
support services for homeless individuals; 3) to promote the private sector and other
assistance providers to provide services to homeless individuals; or 4) to provide
services for the prevention of homelessness; and
WHEREAS, the State of Colorado distributes ECSH funds to Social Services; and
WHEREAS, Social Services has received applications from private nonprofit
organizations in Weld County allocations from Federal ECSH funds available to Weld
County; and
WHEREAS, the Contractor is one of the eligible private nonprofit organizations
to receive ECSH funds; and
WHEREAS, Social Services and Contractor desire to cooperate to achieve maximum
efficiency and effectiveness among all agencies serving the homeless population of
Weld County; and
WHEREAS, the parties hereto desire to work together for the express purpose of
continuing the availability of shelter and services to Weld County homeless and their
families.
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CONTRACT NO: FY92-ECSH-3001
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1. Term
This Contract shall become effective upon proper execution of this
Agreement and shall 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 ECSH Plan, in accordance with
policies and procedures developed by the Social Services. In
consideration for the monies and negotiated funding and programmatic
criteria to be received from Social Services, the Contractor shall do,
perform, and carry out, in a satisfactory and proper manner, as determined
by Social Services, all work elements as indicated in the "Scope of
Services and Payment Schedule," set forth in the attached Exhibit A, which
is attached hereto and incorporated herein by reference, hereinafter
referred to as the "Project." Work performed prior to the execution of
this Contract shall not be considered part of this Project.
3. Funding and Method of Payment
Social Services agrees to pay to the Contractor, in consideration for the
work and services performed, a total amount not to exceed Thirteen
Thousand Five Hundred Dollars ($13,500.00) , as follows:
ECSH Homeless Services $ 13,500
TOTAL $13,500
Any expenses incurred by the Contractor prior to execution of this
Agreement are not eligible ECSH expenditures and shall not be reimbursed
by Social Services pursuant to this Agreement.
Payments will be prorated or reduced if contract is terminated before June
30, 1993, pursuant to Section 16.
4. Financial Management
At all times from the effective date of this Contract until completion of
this Contract, the Contractor shall comply with the administrative
requirements, cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The
required annual audit of all funds expended under the ESG and ECSH must
conform to the Single Audit Act of 1984 and OMB Circular A-128.
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CONTRACT NO: FY92-ECSH-3001
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification
of services performed for costs incurred in the performance of this
agreement.
b. Social Services may withhold any payment if the Contractor has failed
to comply with the Financial Management Requirements, program
objectives, contractual terms, or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached
Exhibit B, which is attached hereto and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract, the Contractor and
any subcontractors shall strictly adhere to all applicable federal and
state laws, orders, and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. The applicable
federal laws and regulations include:
a. The Endangered Species Act of 1972 (16 USC 1531 et seq. ) , as amended,
requiring that actions authorized, funded, or carried out by the
federal government do not jeopardize the continued existence of
endangered and threatened species or result in the destruction or
modification of the habitat of such species which is determined by
the state, to be critical.
b. HUD Environmental Criteria and Standards (24 CFR Part 51) , providing
national standards for noise abatement and control, acceptable
separation distances from explosive or fire prone substances and
suitable land uses for airport runway clear zones.
c. The Lead-Based Paint Poisoning Prevention Act -- Title IV (42 USC
4821) prohibiting the use of lead-based paint in residential
structures constructed or rehabilitated with federal assistance, and
requiring notification to purchasers and tenants of such housing of
the hazards of lead-based paint and of the symptoms and treatment of
lead-based paint poisoning.
d. Section 3 of the Housing and Community Development Act of 1968 (12
USC 1701 (U) , as amended, providing that, to the greatest extent
feasible, opportunities for training and employment that arise
through HUD-financed projects, will be given to lower-income persons
in the unit of the project area, and that contracts be awarded to
businesses located in the project area or to businesses owned, in
substantial part, by residents of the project area.
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CONTRACT NO: FY92-ECSH-3001
e. Section 109 of the Housing and Community Development Act of 1974 (42
USC 5309) , as amended, providing that no person shall be excluded
from participation (including employment) , denied program benefits or
subjected to discrimination on the basis of race, color, national
origin or sex under any program or activity funded in whole or in
part under Title I (Community Development) of the Act.
f. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000
(d) ) , prohibiting discrimination on the basis of race, color, or
national origin in any program or activity receiving federal
financial assistance.
g. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC
3601) , as amended, popularly known as the Fair Housing Act,
prohibiting housing discrimination on the basis of race, color,
religion, sex, or national origin, and requiring HUD to administer
its programs in a manner which affirmatively promotes fair housing.
h. Executive Order 11246 (1965) as amended by Executive Orders 11375,
prohibiting discrimination on the basis of race, color, religion, sex
or national original in any phase of employment during the
performance of federal or federally-assisted contracts in excess of
$2,000.
i. Executive Order 11063 (1962) , as amended by Executive Order 12259,
requiring equal opportunity in housing by prohibiting discrimination
on the basis of race, color, religion, sex or national origin in the
sale or rental of housing built with federal assistance.
j . Section 504 of the Rehabilitation Act of 1973 (29 USC 793) , as
amended, providing that no otherwise qualified individual shall,
solely by reason of a handicap, be excluded from participation
(including employment) , denied program benefits or subjected to
discrimination under any program or activity receiving federal funds.
k. Age Discrimination Act of 1975, (42 USC 6101) , as amended, providing
that no person shall be excluded from participation, denied program
benefits or subjected to discrimination on the basis of age under any
program or activity receiving federal funds.
1. Debarred, Suspended, or Ineligible Contractors, (24 CFR, part 24) ,
requiring that for procurement of property, non personal services,
contract shall evaluate past performance of participants in programs
administered by the Department of Housing and Urban Development, as
well as other relevant aspects of the record and status of the
participants, by consulting with HUD's "Consolidated List of
Debarred, Suspended, and Ineligible Contractors and Grantee."
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CONTRACT NO: FY92-ECSH-3001
m. Uniform Federal Accessibility Standards, (24 CFR, Part 40, Appendix
A) , requiring that for major rehabilitation or conversion of
buildings, prescribed standards for the design, construction, and
alteration of publicly owned residential structures shall be followed
to insure that physically handicapped persons will have ready access
to, and use of such structures.
n. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 -- Title , Real Property Acquisition (Pub. L. 91-646 and
implementing regulations at 24 CFR Part 42) , providing for uniform
and equitable treatment of persons displaced from their homes,
businesses, or farms by federal or federally-assisted programs and
establishing uniform and equitable land acquisition policies for
federal assisted programs. Requirements include bona fide land
appraisals as a basis for land acquisition, specific procedures for
selecting contract appraisers and contract negotiations, furnishing
to owners of property to be acquired a written summary statement of
the acquisition price offer based on the fair market price, and
specified procedures connected with condemnation.
o. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 -- Title II, Uniform Relocation Assistance (Pub. L. 91646
and implementing regulations at 24 CFR Part 42) , providing for fair
and equitable treatment of all persons displaced as a result of any
federal or federally-assisted program. Relocation payments and
assistance, last-resort housing replacement by displacing agency, and
grievance procedures are covered under the Uniform Act. Payments and
assistance will be made pursuant to state or local law, or the grant
recipient must adopt a written policy available to the public
describing the relocation payments and assistance that will be
provided. Moving expenses and up to $22,500 or more for each
qualified homeowner or up to $5,250 or more for each tenant are
potential costs.
8. Certifications
The Contractor certifies that it will comply with:
a. Use as an Emergency Shelter, Section 424 of the McKinney Act,
specifies that an ESG recipient using program funds to provide
essential services, or maintenance or operating costs, (including the
leasing of commercial facilities) , must carry out the assisted
activities "for the period during which ESG assistance is provided."
b. Use as an Emergency Shelter (24 CFR, 576.73) , requiring that any
building for which emergency shelter grant amounts are used for
renovation must be maintained as a shelter for the homeless for not
less than a three-year period, or for not less than a 10-year period
if the grant amounts are used for major rehabilitation or conversion
of the building.
c. Calculating the Applicable Period. The three and 10-year periods
referred to into paragraph (a) of this section begin to run:
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CONTRACT NO: FY92-ECSH-3001
1) In the case of a building that was not operated as an emergency
shelter for the homeless before receipt of grant amounts under
this part, on the date of initial occupancy as an emergency
shelter for the homeless.
2) In the case of a building that was operated as an emergency
shelter before receipt of grant amounts under this part, on the
date that grant amounts are first obligated on the shelter.
d. Domestic Violence Confidentiality. Requiring confidentiality for
victims of family violence and the location of shelters for such
persons.
e. Building Standards (24 CFR, 576.75) , requiring that any building for
which emergency shelter grant amounts are used for renovation,
conversion, or major rehabilitation must meet the local government
standard of being in safe and sanitary condition.
f. Assistance to the Homeless (24 CFR, 576.77) , requiring that homeless
individuals must be given assistance in obtaining:
1) Appropriate supportive services, including permanent housing,
medical and mental health treatment, counseling, supervision,
and other services essential for achieving independent living.
2) Other federal, state, local and private assistance available for
such individuals.
g. Renting Commercial Transient Accommodations, (24CFR,576.51(C) (v)(A) (
B)) requiring that if grant amounts are proposed to be used to
provide emergency shelter for the homeless in hotels or motels, or
other commercial facilities providing transient housing, the
contractor;
1) Will provide that the living space will be rented at
substantially less than the daily room rate otherwise charged by
the facility; and
2) The contractor has considered using other facilities as
emergency shelters, and has determined that the use of such
living space in the facilities provides the most cost-effective
means of providing emergency shelter for the homeless in its
jurisdiction.
h. Environment Review, (24 CFR, 576.52) , requiring that the
environmental effects of each ESG project must be assessed in
accordance with the provisions of the National Policy Act of 1969
(NEPA) and the related authorities listed in HUD's implementing
regulations at 24 CFR parts 50 and 58.
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92061.7
CONTRACT NO: FY91-ESG/ECSH-3001
i. Matching Funds (24 CFR, 576.71(a) ) , requiring that the contractor
shall supplement its emergency shelter grant amounts with an equal
amount of funds from sources other than under this part. These funds
must be provided after execution of the contract. Contractor may
comply with this requirement by providing the supplemental funds
itself, or through supplemental funds provided by a non-profit
recipient(s) . Funds used to match a previous ESG grant may not be
used to match a subsequent grant award.
j . Calculating the Matching Amount (24 CFR 576.71(b)) , requiring that,
in calculating the amount of supplemental funds, there may be induced
the value of any donated material or building; the value of any lease
on a building; any salary paid to staff of the contractor or to any
non-profit recipient(s) in carrying out the emergency shelter
program; and the time and services contributed by volunteers to
carry-out the emergency shelter program, determined at the rate of $5
per hour. The contractor shall determine the value of any donated
material or building, or any lease, using any method reasonably
calculated to establish a fair market value.
k. Homeless Prevention, the requirements of 24 CFR 576.21(a) (4) (ii)
which provide that the funding of homeless prevention activities for
families that have received eviction notices or notices of
termination of utility services meet the following standards: (a)
that the inability of the family to make the required payments must
be the result of a sudden reduction in income; (b) that the
assistance must be necessary to avoid eviction of the family or
termination of the services to the family; (c) that there must be a
reasonable prospect that the family will be able to resume payments
within a reasonable period of time; and (d) that the assistance must
not supplant funding for pre-existing homeless prevention activities
form any other source.
9. 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 and method prescribed by Social Services.
b. Performance Reports. The Contractor shall submit to the Department
one (1) copy of monthly performance report and of a project
completion report in a manner and method prescribed by Social
Services.
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920617
CONTRACT NO: FY92-ECSH-3001
10. 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.
11. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both
parties.
12. Remedies
The Director of Social Services or designee may exercise any or all of the
following remedial actions should s/he find the Contractor substantially
failed to satisfy the scope of work found in this Agreement. Substantial
failure to satisfy the scope of work shall be defined to mean incorrect or
improper activities or inaction by the Contractor as determined solely by
the Director. These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or
corrections in performance are satisfactorily completed;
b. request the removal from work of those employee(s) and/or agent(s) of
the Contractor whom the Director or designee identifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued employment on the Agreement s/he
deems to be contrary to the public interest or not in the best
interest of Social Services;
c. deny payment or recover reimbursement for those services or
deliverables which have not yet been performed and which due to
circumstances caused by the Contractor cannot be performed or if
performed would be of no value to the Social Services. Denial of the
amount of payment shall be reasonably related to the amount of work
or deliverables lost to Social Services;
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CONTRACT NO: FY92-ECSH-3001
d. incorrect payment to the Contractor due to omission, error, fraud,
and/or defalcation shall be recovered from Contractor by deduction
from subsequent payments under this Agreement or other agreements
between Social Services and the Contractor, or by Social Services as
a debt due to Social Services or otherwise as provided by law.
13. Representatives
For the purposes of this Agreement, the individuals identified below are
hereby designated representatives of the respective parties. Either party
may from time to time designate in writing a new or substitute
representative(s) :
For Social Services: For the Contractor:
Jim Sheehan, WCHA Director Rebecca White, Executive Director
Name Title Name Title
14. Notice
All notices required to be given by the parties hereunder shall be given
by certified or registered mail to the individuals at the addresses set
forth below. Either party may from time to time designate in writing a
substitute person(s) or address to whom such notices shall be sent:
To: Social Services To: Weld Information & Referral
Service
Judy A. Griego, Director Rebecca White, Executive Director
P.O. Box A P.o. Box 2404
Greeley, CO 80632 Greeley, CO 80632
15. Litigation
The Contractor shall promptly notify Social Services in the event that the
Contractor learns of any actual litigation in which it is a party
defendant in a case which involves services provided under this Agreement.
The Contractor, within five (5) calendar days after being served with a
summons, complaint, or other pleading which has been filed in any federal
or state court or administrative agency, shall deliver copies of such
document(s) to the Social Services' Director. The term "litigation"
includes an assignment for the benefit or creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
16. 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.
17. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the
entire understanding between the parties with respect to the subject
matter hereof, and may not be changed or modified except as stated in
Paragraph 12 herein.
92O617
.
Contract Number FY92-ECSH-3001
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month, and year first above written.
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES WELD INFORMATION AND REFERRAL SERVICE
A- 4t#01
J A. iego, ecto y%, ?den
Rebecca Whitecutive Director
ATTEST:
By:
ATTEST: LarilMetlet4 BOARD OF WELD COUNTY COMMISSIONERS OF
Weld County Clerk to the Board WELD COUNTY, COLORADO
By: ' 4/..-4.42-1//1 .
- c
eD puty Ce..at,,-Clerk .- orge Ken y, Chairman /•
ATT ST 'r ) i; i l �1
COM MiSS.326c 0,11
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920617
Contract No: FY92-ECSH-3001
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists of:
A. Homeless services, in accordance with the Stewart B. McKinney Homeless
Assistance Act (HAA) of 1987, and under the Emergency Community Services
Homeless Grant (ECSH) to enable homeless individuals to make the
transition out of poverty.
2. Definition of Client Eligibility.
A homeless individual is eligible for assistance under ECSH if his/her income
is at or below the poverty line established annually in the HHS's Poverty Income
Guidelines which are set forth in this paragraph or subsequently promulgated by
the Colorado Department of Local Affairs in an amendment letter.
Size of Family Unit Poverty Guideline
1 $ 8,513
2 11,488
3 14,463
4 17,438
5 20,413
6 23,388
7 26,363
8 29,388
*
*For family units with more than 8 members, add $2,825 for each additional member.
3. Definition of Homeless Individuals For the purposes of funding under the ESG
and ECSH, the term "homeless" or "homeless individual" includes:
a. An individual who lacks a fixed, regular, and adequate nighttime
residence; and,
b. An individual who has a primary residence that is--
(1) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill) ;
or
(2) an institution that provides a temporary residence for individuals
intended to be institutionalized; or
(3) a public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
4. Performance The Contractor shall meet the overall performance standards as
established in the ECSH plans. The Contractor shall meet
specific performance goals as follows:
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Contract No: FY92-ECSH-3001
Exhibit A Continued
A. Develop a quality and timely referral network by monitoring one hundred
clients.
1) to identify the number of clients referred
2) to identify those who received and did not receive services within 30
days
3) to identify barriers incurred in obtaining services
4) to identify how agencies handled the outcome
B. Meet with Housing Service Providers monthly beginning August 1992 through
June, 1993 to coordinate services.
C. To monitor self sufficiency achievements by short term and long term goals
over a nine month period.
1) Short Term Goals for Clients are:
10 terminated training/education
15 employment
3 recovery/training
25 recovery/employment
20 recovery/education
15 recovery
88 unsubsidized housing
12 subsidized housing
2) Long Term Goals for 20 Clients are:
10 retained employment
7 retained school
15 retained recovery
D. Investigate the feasibility of establishing a Housing Foreclosure Prevention
program by September 30, 1992.
E. Compile a listing of landlords and rentals in Weld County for the purpose of
determining vacancies on a quaterly basis.
F. Compile a listing of landlords that accept housing vouchers by August 15,
1992.
5. Compensation and Method of Payment The Social Services agrees to pay to the
Contractor, in consideration for the work and services to be performed, a total
amount not to exceed Thirteen Thousand Five Hundred Dollars ($13,500) . The
method and time of payment shall be made in accordance with the "Payment
Schedule set forth herein.
6. Funding
ECSH Homeless Services $13,500
TOTAL $13,500
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920G1.7
Contract Number: FY92-ECSH-3001
Exhibit A, Continued
7. Payment Schedule
Interim payments to be made upon submission of appropriate documentation which
include designated narrative reports and invoices. The Contractor may request
reimbursement every 30 days for expenses incurred under the Contractor's plan,
which has been approved by Social Services.
8. Contract Monitoring
The Social Services will monitor the Project on an as needed basis.
9. Reporting Schedule
The Contractor will submit a single financial and program narrative report
detailing the progress of the Project at the completion of the Project for each
funding source. Interim financial reports will be required quarterly by Social
Services.
Program reports will be required monthly and at the conclusion of the Project.
These reports shall describe and evaluate any difficulties encountered in
accomplishing the specifics of the Project and suggest any improvements.
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CONTRACT NO: FY92-ECSH-3001
EXHIBIT B
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its officers and
employees do not become employees of Weld County, nor are they entitled to any
employee benefits as Weld County employees, as the result of the execution of
this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of Contractor or its employees, volunteers, or
agents while performing duties as described in this Agreement. Contractor shall
indemnify, defend, and hold harmless Weld County, the Board of County
Commissioners of Weld County, its employees, volunteers, and agents. The
Contractor shall provide adequate liability and worker's compensation insurance
for all its employees, volunteers, and agents engaged in the performance of the
Agreement.
3. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect
to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part
of the County of Weld, State of Colorado, to expend funds not otherwise
appropriated in each succeeding year.
5. If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions. The parties
hereto declare that they would have entered into this Agreement and each and
every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer, member or employee of Weld County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in the approved
Agreement or the proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the Civil
Rights Act of 1986 and that no person shall, on the grounds of race, creed,
color, sex, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination 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.
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CONTRACT NO: FY92-ECSH-3001
EXHIBIT B, Continued
9. The Contractor assures that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect and copy
records, and shall be allowed to monitor and review through on-site visits, all
contract activities, supported with funds under this Agreement to ensure
compliance with the terms of this Agreement. Contracting parties agree that
monitoring and evaluation of the performance of the Agreement shall be conducted
by appropriate funding sources. The results of the monitoring and evluation
activities shall be provided to the appropriate and interested parties.
10. This Agreement shall be binding upon the parties hereto, their successors,
heirs, legal representatives, and assigns. The Contractor or Social Services
may not assign any of its rights or obligations hereunder without the prior
written consent of both parties.
11. The Contractor certifies that Federal appropriated funds have not been paid or
will be paid, by or on behalf of the Contractor, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal Loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, loan, grant, or cooperative agreement.
12. The Contract assures that it will fully comply with the Emergency Shelter Grant
and the Emergency Community Services Homeless Grant and regulations promulgated,
and all other applicable Federal and state laws, rules and regulations. The
Contractor understands that the source of funds to be used under this Agreement
is: Community Services Block Grant and Stewart B. McKinney Homelss Grand 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.
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AI a -
DEPARTMENT OF SOCIAL SERVICES
P,O- BOX 2
G REELEY,COLORADO 80632
1111
Administration and Public Assistance(303)352-1551
Child Support(303)352-6933
C Protective and Youth Services(303)352-1923
Food Stamps(303)356-3850
FAX(303)353-5215
COLORADO
To: George Kennedy
From: Judy Griego
Re: Contract betwe n Weld County Department of Social Services and Weld
Information and Refer al Service
Date: July 2, 1992
Based upon the approval of the Emergency Community Services Homeless Grant,
the Department is recommending entering into a contract with the Greeley
Transitional House in the amount of $13,500 for the purpose of providing
homeless services between July 1, 1992 and June 30, 1993. Funds will be used
to support the case management services for the homeless population.
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