HomeMy WebLinkAbout920618.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT BETWEEN GREELEY
TRANSITIONAL HOUSE 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 Greeley Transitional House 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 Greeley Transitional
House 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.
Pg.% BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board
GFf a Kennedy, Chairman
BY: / j,C:, d -1 - „fly--
Deputy C rk o the Boat Constance L. Harbert, P -Tem
APPROVED AS O FORM:
C. W. Kirby
ounty Attorney Gordon . cy
4 AL(
W. H. Webster
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CONTRACT NO: FY92-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 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 "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 unemcumbered balance thereof remains
available for payment in Contract Encumbrance Number FY92-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 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.NOW
THEREFORE, in consideration of the premises, the parties hereto covenant and agree
as follows:
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Page 1 of 6
920618
CONTRACT NO: FY92-ESG-4001
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 Eighteen
Thousand Dollars ($18,000.00) .
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.
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CONTRACT NO: FY92-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.
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CONTRACT NO: FY92-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) :
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CONTRACT NO: FY92-ESG-4001
For Social Services: For the Contractor:
Jim Sheehan, WCHA Director Linda Akers, Executive
Name Title Name Title
Notice
All notices required to be given by the parties hereunder shall be given
by certified or registered mail to the individuals at the addresses set
forth below. Either party may from time to time designate in writing a
substitute person(s) or address to whom such notices shall be sent:
To: Social Services To: Greeley Transitional House
Judy A. Griego, Director 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.
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CONTRACT NO: FY92-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
��
George Ke ed Chairman a
/ Pete Morrell, President
WELD COUNTY DEPARTMENT OF SOCIAL
SERVICES L' da Akers, E ecutive Director
ATTEST. 7
//�V/ By:
Judy( . Grie o, DirectcJ-
ATTEST: /04118/g e"17
i7
Weld County Clerk to the Board
/J
By: //
Depu ATT[T O C],e C OF COUNTY
COMMISSWNCR S'.GNNATURES ONLY
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CONTRACT NO: FY92-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 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 or 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
but 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, and under the Emergency Community Services
Homeless Grant (ECSH) to enable homeless individuals to make the
transition out of poverty.
2. Definition of Homelss Individuals
For the purposes of funding under the ESG, the term "homeless" or "homeless
individual includes:
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CONTRACT NO: FY92-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 disigned to
provide temporary living accomadations (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 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 60 families between July 1, 1992 and June
30, 1993.
D. Targeting 85% of residents to secure employment, education, or traing to
families prior to leaving.
E. Maintain 80% of residents in the Greeley Transitional House follow-up
program.
F. 70% of those in the follow-up program will maintain stability 6 months
after leaving the Greeley Transitional House.
G. Maintain the current 85 families securing permant 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 Eighteen Thousand Dollars ($18,000.00) . 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.
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CONTRACT NO: FY92-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.
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CONTRACT NO: FY92-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.
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CONTRACT NO: FY92-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 Contracotr 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.
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DEPARTMENT OF SOCIAL SERVICES
P.O. BOX2
GREELEY,COLORADO 80832
ID
Administration and Public Assistance(303)352-1551
WI Support(303)352-6933
CChild
Protective and YChi Services(303)352-1933
Food Stamps(303)356-3850
FAX(303)353-5215
COLORADO
To: George Kennedy
From: Judy Griego
Re: Contract betwee Weld C unty Department of Social Services and Greeley
Transitional Ho se
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 $18,000 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.
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