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Home My WebLink About920495.tiff RESOLUTION RE: APPROVE EMERGENCY SHELTER GRANT CONTRACT BETWEEN COLORADO DEPARTMENT OF LOCAL AFFIARS, DIVISION OF HOUSING, 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 an Emergency Shelter Grant Contract between the Colorado Department of Local Affairs, Division of Housing, and the Weld County Department of Social Services, commencing July 1, 1992, and ending June 30, 1993, with the terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the Emergency Shelter Grant Contract between the Colorado Department of Local Affairs, Division of Housing, and the 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 contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D. , 1992. ATTEST: kLel, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board Geo e Ke edy, Chairman / 4� e�e�L1 Gf Deputy Clerk to the Board \ Constance L. Harbert, Pro-Tem APPROVED AS TO OkM: C. W. Kir y County Attorney Go a y W. HWebster 920495 5Soo/5 cc : c5, C H7 To SS CO d1 l r),. Dr; eel ISill Form 6-AC-02(R 5/85) ESG 92-120 DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER GRANT BUDGET LINE EMERGENCY SHELTER GRANT CONTRACT THIS CONTRACT, Made this 1st day of July 1992, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 Sherman Street, #323,Denver, Colorado 80203, hereinafter referred to as the State, and Weld County Department of Social Services. Post Office Box A, Greelev, Colorado 80632, hereinafter referred to as the Contractor. 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 Fund Number 100 ,Appropriation Code 656 , Org. No. HCAB , Contract Encumbrance Number ; 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 the 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 operating emergency shelters and of providing essential social services to homeless 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. WHEREAS, the State of Colorado has elected to administer such federal funds for the State through the Department of Local Affairs, Division of Housing pursuant to C.R.S. 1973, 24-32-705 (1)li); and WHEREAS, the State of Colorado has received its 1992 Emergency Shelter Grant Program Funds under Grant S-92- DC-08-0001, funds awarded to states are governed by the provisions of P.L. 100-404 and P.L. 100-628; and WHEREAS, the division has received applications from political subdivisions and private nonprofit organizations in Colorado for allocations from the federal ESG funds available to Colorado; and WHEREAS, the Contractor is one of the eligible political subdivisions or private nonprofit organizations to receive ESG funds; and NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the state, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services," set forth in Exhibit A, which is attached hereto and is incorporated herein by reference, and is hereafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Judy Grie-4e, an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. Page 1 of 12 Pages a� ,�,�QQ�� 2�i-s0 5 3. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. Elioible Activities. ESG funds may be used for the following activities relating to shelter services for the homeless: a) homeless prevention which includes the development and implementation of activities including, but not limited to short-term subsidies to defray rent, mortgage, or utility arrearages, security deposits or first month's rent,and mediation and or legal services; b) operations which includes the payment of shelter maintenance,operations, including administration but excluding staffing costs, rent, repairs, security, equipment, insurance, utilities, and furnishings; c) essential services which includes, but is not limited to, services concerned with employment, health, substance abuse, education, or food, including staff necessary to provide such services. ESG monies provided may be used to provide these essential services only if the service is a new service or a quantifiable increase in the level of essential services provided with local funds during the twelve (12) months before the Contractor received its initial ESG grant; and, d) rehabilitation of existing buildings, including improvements to increase the efficient use of energy in building. Rehabilitation includes labor, materials,tools,and other costs of improving buildings. This includes repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing buildings, installation of security devices and improvements which include alteration or additions to the existing building. 5. Ineligible activities. ESG funds may not be used for: a) acquisition or construction of an emergency shelter for the homeless; b) the cost of staff involved in overseeing the operation of the shelter; and, c) rehabilitation services, such as preparation of work specifications, loan processing, or inspections. 6. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State many immediately terminate this Contract. 7. Obligation, Expenditure and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are not eligible ESG expenditures and shall not be reimbursed by the State. b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures for the ESG program at 24 CFR Part 58 until such release is issued in writing. Administrative costs, reasonable engineering and design costs, and costs of other exempt activities identified in 24 CFR 58.34(a)(1)through (8) do not require a release of funds by the State. For categorically excluded activities listed in 58.35 (a) determined to be exempt because there are no circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor must make and document such a determination of exemption prior to incurring costs for such activities. c) Definition of a Homeless Persons. Homeless persons are defined, for the purposes of this Contract, as those persons which lack a fixed, regular, and adequate nighttime residence or a person or family who have a primary nighttime residence that is: i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare, hotels, congregate shelters, and transitional housing for persons with mental illness); Page 2 of 12 Pages 0495 • ii) an institution that provides a temporary residence for individuals intended to be institutionalized; or, iii) a public or private place not designed for,or ordinarily used as a regular sleeping accommodation for human beings. d) Comoensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed Twenty-Eight Thousand Dollars and No/100 ($28.0001. The method and time of payment shall be made in accordance with the "Payment Method" set forth herein. 8. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the policies, guidelines and requirements of 24 CFR part 58(codified pursuant to OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of ESG grant amounts by private nonprofit organizations. 9. Payment Method. Unless otherwise provided in the Scope of Services: a) The Contractor shall periodically initiate all drawdown requests by submitting to the Department a written request using the State-provided form, for reimbursement of actual and proper expenditures of State ESG funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the applicable financial management requirements of paragraph 8 above, program objectives, contractual terms, or reporting requirements. c) The state may withhold payment of the final five (5) percent of the total Contract amount until the Contractor has submitted and the Department has accepted all required Financial Status Report and Performance Report information. 10. Audit. a) Discretionary Audit. The State, through the Executive Director of the Department, the state Auditor, or any of their duly authorized representatives, including an independent Certified Public Accountant of the state's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine,and audit the contractor's (and any subcontractor's) records, books,accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this project is received by the contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit. Whether or not the state calls for a discretionary audit as provided above, the Contractor shall include the project in an annual audit report as required by the Colorado Local Government Audit Law, C.R.S. 1973, 29-1-601, et seq and the Single Audit Act of 1984, Pub. L. 98-502, 24 CFR Part 44, and federal and state implementing rules and regulations. Such audit reports shall be simultaneously submitted to the department and the state auditor. Thereafter, the Contractor shall supply the department with copies of all correspondence from the state Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. 11. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied, to bind the state to any agreements, settlements,liability or understanding except as expressly set forth herein. 12. Personnel. The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in the Scope of Services, all personnel, as employees of the contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employees benefits, unemployment compensation or any other benefits accorded to state employees and Contractor agrees to indemnify the state for any costs for which the state may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. Page 3 of 12 Pages X045 The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Insurance Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify the state for any costs for which the State may be found liable in this regard. 13. Contract Suspension. If the Contractor fails to comply with any contractual provision, the state may, after notice to the contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The state may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 14. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with federal ESG funds provided to the state for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the state. In the event that such funds or any part thereof are not received by the state, the state may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the state shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the state, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the state for any damages sustained by the state by virtue of any breach of the Contract by the contractor, and the state may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the state from the Contractor is determined. c) Termination for Convenience. The state may terminate this Contract at any time the state determines that the purposes of the distribution of state ESG monies under the Contract would no longer be served by completion of the project. The state shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph (b) above shall, at the option of the state, become its property. If the Contract is terminated by the state as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract)incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the contractor, Paragraph 14.b) above relative to termination for cause shall apply. 15. Modification and Amendment. a) Modification by Operation of Law.This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures if programmatic or budgetary modifications are desired: Page 4 of 12 Pages i) The Contractor must submit a written request to the Department and obtain prior written approval from the Department under the following circumstances: a. unless otherwise specified in the Scope of Services,when budgetary changes are anticipated between budget categories; and ¢. when revisions pertain to the addition of items requiring approval in accordance with the provisions of the subsection of OMB Circular Nos. A-87 and 102 or Nos.A-110 and A-122 entitled "Cost Principles." ii) Under the following circumstances, based upon a written request by the Contractor, approval for changes must be authorized by the State in an amendment to this contract properly executed and approved in accordance with applicable law: a. when cumulative budgetary changes exceed ten (10) percent of the total contract amount or Ten Thousand Dollars (810,000), whichever is greater; ¢. when the scope, objective or completion date of the Project changes substantially, as determined by the Department; and c. when any additional State funding is needed. Under such circumstances, the Department's approval is not binding until memorialized in the contract amendment. c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs a) and b) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. 16. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law except as provided in Paragraph 15. 17. Reports. a) Financial Reports. The Contractor shall submit to the Department two (2) original copies of monthly financial status reports in the manner and method prescribed by the Department. The report is due within 10 days following the end of each month until completion of the project. b) Performance Reports. The Contractor shall submit to the Department one (1) original of monthly programmatic status report in a manner and method prescribed by the Department. The report is due within 10 days following the end of each month until completion of the project. 18. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers,employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or Page 5 of 12 Pages 3^©4 responsibilities with respect to ESG activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving ESG funds. ii) Threshold Reouirements for Exceptions. Upon the written request of the contractor, the state may grant an exception to the provisions of this subparagraph b) when it determines that such an exception will serve to further the purposes of the ESG program and the effective and efficient administration of the contractor's project. An exception may be considered only after the Contractor has provided the following: p. A disclosure of the nature of the conflict, accompanied by an assurance that: i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and H. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific ESG assisted activity in question; and b. An opinion of the contractor's attorney that the interest for which the exception is sought would not violate state or local law; and c. A written statement signed by the chief elected official or executive director of the Contractor holding the state harmless from all liability in connection with any exception which may be granted by the state to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the state shall consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the ESG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; g. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); g. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 19. 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) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. Page 6 of 12 Pages 920495 b) 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. c) 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. d) 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. el 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. fl 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. g) Executive Order 11246(19651, as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of $2,000. h) 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. I) 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. j) 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 activit receiving federal funds. k) Debarred, Suspended, or Ineligible Contractors, (24 CFR, part 24), requiring that for procurement of property, non personal services, Contractor 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." I) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for "kickbacks" of wages in federally-financed or assisted construction activities. 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 III. 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. Page 7 of 12 Pages 920495 a) Uniform Relocation Assistance and Real Property Acquisition Policies Act if 1970—Title II, Uniform Relocation Assistance (Pub. L. 91-646 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. p) Primarily Religious Organizations (24 CFR 576.22(b)) requiring that assistance may be provided under this part to a grantee or recipient that is a primarily religious organization if the primarily religious organization agrees to provide all eligible activities under this program in a manner that is free from religious influences and in accordance with the principles outlined further in the above referenced regulation. 20. Monitoring and Evaluation. The state will monitor and evaluate the Contract with the Contractor under the ESG program. The Contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the state has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon its completion. The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. 21. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 22. Binding on Successors. Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 23. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties therein, without the prior written consent of the other party. No subcontract or transfer of contract shall in any case release the Contractor of liability under this Contract. 24. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority business enterprises and need not conduct an independent investigation. 25. Applicant Certifications. The Contractor certifies that it will comply and ensure compliance by non-profit corporations to which it distributes funds under the Emergency Shelter Grants Program 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 in paragraph b) of this section begin to run: i) 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. Page 8 of 12 Pages AA ii) 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: i) Appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living. ii) Other federal, state, local and private assistance available for such individuals. g) Renting Commercial Transient Accommodations (24 CFR, 576.51 (C)(v)1Al(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: i) Will provide that the living space will be rented at substantially less than the daily room rate otherwise charged by the facility; and ii) 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) Matching Funds (24 CFR, 576.71(a)), requiring that the Contractor shall supplement its emergency shelter grant amounts with the amount set forth in Exhibit A of this Contract. 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. i) Calculating the Matching Amount(24 CFR 576.71(b)), requiring that, in calculating the amount of supplemental funds, there may be included 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. j) Homeless Prevention, (24 CFR 576.21(a)(411ii)) the requirements 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: i) that the inability of the family to make the required payments must be the result of a sudden reduction in income; ii) that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; iii) that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and, iv) that the assistance must not supplant funding for preexisting homeless prevention activities from any other source. Page 9 of 12 Pages 920495 26. Lobbying. The Contractor assures and certifies that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 a 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, grant, loan or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federally funded contract, grant, loan, or cooperative agreement, it shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying", in accordance with its instructions. c) It shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. d) It understands that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Applicant Statement of Assurances and Certifications.The Contractor has previously signed an"Application Statement of Assurances and Certifications" which is hereby incorporated and made a part of this Contract by reference. 28. Survival of Certain Contract Terms.Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. Page 10 of 12 Pages Form 6-.AC-028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated.budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel,excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this contract,duly execute and deliver to and file with the official whose signature appears below for the State.a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety.conditioned for the due and faithful performance of the contract.and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor-materials,team hire,sustenance,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond,when so required,is executed.delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38.26-106 CRS,as amended. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State, its employees and agents-against any and all claims. damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(24-31402.CRS 1982 Replacement Vol.),and as required by Executive Order.Equal Opportunity and Affirma- tive Action, dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract. the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color-national origin.sex,marital status, religion.ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are treated dunng employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:employment, upgrading,demotion,or transfer,recruitment or recruitment advertising:layoffs or terminations:rates of pay or other forms of compensation:and selection for training.including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro- vided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or re presentative of workers with which he has collective bargaining agreement or other contract or understand- ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action,dated April 16. 1975, and of the rules,regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975.and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records-and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,calor, sex, national origut or ancestry. (6) A labor organization,or the employees or members thereof will not aid,abet,•incite,compel or coerce the doing of any act defined in this contract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly or indirectly,to commit any act defined in this contract to be discriminatory. • 395-53-01-1022 Revised 1/88 page 11 of 12 pages o..io:w.«aa 9;;110 495 Form 6-AC-02C (7) In the event of the convector's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders.this contract may be cancelled-terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16.1975 and the rules,regulations.or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975- or by rules, regulations, or orders promulgated in accordance therewith. or as otherwise provided by law. (8 Tne contractor will include the provisions of paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules. regulations.or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct-as a means of enforcing such provisions,including sanctions for non-compliance:provided-however,that in the event the contractor becomes involved in.or is threatened with.litigation with the subcontractor or vendor as a result of such direction by the contracting agency.the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-101 &102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder-a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter. mined by the orTicer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or would otherwise be inconsistent with requirements of federal law,this subsection snail be suspended.but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 10:, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation.execution and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws.rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference whicn purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compiaint.defense or oherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times dunng the performance of this Contract.the Contractor shall strictly adhere to all applicable federal and state laws.rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with I8-8.301.et.seq..(Bribery and Corrupt Influences)and 18-8-301.et.seq.,(Abuse of Public Office). CRS 1978 Replacement Vol.- and that no violation of such provisions is present 10. Tne signatones aver that to their knowledge- no state employe: has a personal or beneficial interest whatsoever in the service or property de scribed herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor. (Full L-^al Name) WELD COJJNTY BOARD OF COMMISSIONERS STATE OF COLORADO -d L gl ROY ROMER, GOVERNOR GEORGE KENNEDY /06/15/92 By EXECVTM1'E DfRFCT00. Position (Title) CHAIRMAN 84-6000813 Saaal Seeunty Hamm a Feaera LD. Numaer R {ENT (If Co o LS Hffairs rporation:) f Q Id g es ' 44/414-3 Attest (Seal) :�: By �;' ". . 1 y `` cavern.err-ale.or Eaa•nem,To.NCirwcmjay Cm: TO BOARD APPROVALS ATTORNEY GENERAL CONTROLLER By By Rue 12.ree w w au ar 12 De, 395.73-0t-1030(Ratted I:aa) 'See auuwau an name tide. OC-10.3307.'!! • 920495 EXHIBIT A SCOPE OF SERVICES WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 92-120 1 . Project Description and Objectives. Using Emergency Shelter Grant funds the Contractor shall improve the quality of emergency shelter services for the homeless. This Project consists of providing ESG monies for operations as funded in the Project Budget. 2. Benefit to Homeless Persons. These funds must benefit persons which lack a fixed, regular, and adequate nighttime residence or a person or family who have a primary nighttime residence that is: i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare, hotels, congregate shelters, and transitional housing for persons with mental illness); ii) an institution that provides a temporary residence for individuals intended to be institutionalized; or, iii) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. 3. Financial Requirements. The Contractor shall comply with the policies, guidelines, and requirements of 24 CFR part 58 (codified pursuant to OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of ESG grant amounts by private nonprofit organizations. 4. Contractor Administration. The Contractor shall be responsible for the administration of the Project. The Contractor may subcontract all or part of the administration duties. 5. State Monitoring. The Department of Local Affairs, Division of Housing will monitor the Project. Page 1 of 2 Pages 920495 ESG 92-120 6. Project Budget. .19CTIVIT`Y:; I TOTAL ESGAMQDNT F MA.7CT4A4OUN7" clJST.. : Operations Illinteg Greeley Trans-S18,000 Catholic Comm-S10,000 Essential Services x Administration Homeless r < Prevention TOTAL $53,005 $28,000 $25,055 7. Time of Performance. This Contract shall be effective upon full and proper execution. The Contract shall expire on June 30, 1993, except that the Contract may be extended by mutual agreement of the State and the Contractor for up to twelve (12) months. Any request for extension by the Contractor shall be submitted in writing to the Department of Local Affairs, Division of Housing at least thrity (30) days prior to the expiration of the Contract with a full justification for the extension request. 8. Payment Schedule. The Contractor shall periodically initiate all drawndown requests by submitting to the Department of Local Affairs, Division of Housing a written request using the State-provided form, for reimbursement of actual and proper expenditures of State ESG funds plus an estimation of funds needed for a reasonable length of time. 826,600 Paid upon receipt and approval of written requests from the Contractor for funds to meet immediate cash needs. $1 ,400 Paid upon of at least eighty-five percent (85%) of the project provided that the Contractor has submitted and the Department of Local Affairs, Division of Housing has accepted all required Financial Status and Performance Report information. $28,000 TOTAL 9. Reporting Schedule. The Contractor shall submit monthly Financial Status and Program reports on the forms prescribed by the Department of Local Affairs, Division of Housing. The final Financial Status and Program reports shall be submitted within twenty (20) calendar days after the completion of the Project. Page 2 of 2 Pages 920495 DEPAR, ,d ENT OF SOCIAL SERVICES _ P.O. BOX 2 (' GREELEY, nceCOLORADO 80632 Administration and Public Assistance 352-1551(303) ^ Child Support(303)3526933 411Ht 411414° „� [, n. Child Protection and Day Care(303)3521923 ' (79! ,f,. —J �.:+ r• Food Stamps(303)35&3850 C r[ O C_ :at TO T;;`= [;0t`rD COLORADO TO: George Kennedy, Chairman Weld County Board of Coun Co 'ssioners FROM: Judy A. Griego, Director SUBJECT: Emergency Shelter Grant Pro am Con ract DATE: June 4, 1992 Attached for Board approval is the Emergency Shelter Grant Contract. This Contract, between Weld County and the Colorado Department of Local Affairs, Division of Housing, provides Twenty Eight Thousand Dollars ($28,000) for the continuation of homeless services in Weld County. Homeless services will support operating costs for the Greeley Transitional House and the Guadalupe Center (Catholic Community Services) . The term of the Contract is from July 1, 1992 through June 30, 1993. If you have any questions, please call me at extension 6200. 920495 501.15 Hello