HomeMy WebLinkAbout992097.tiff RESOLUTION
RE: APPROVE COORDINATED AND PURCHASE OF SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -A WOMAN'S PLACE
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 Coordinated and Purchase of
Services Agreement between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Social Services, and
A Woman's Place, commencing upon full execution of said agreement, and ending June 30,
2000, with 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 of
Weld County, Colorado, ex-officio Housing Authority Board, that the Coordinated and Purchase
of Services Agreement between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Social
Services, and A Woman's Place be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above rind foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of August, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ALL/ '``✓„�i?� a EXCUSED
Dale K. Hall, Chair
Weld County Clerk to t
( '�Jc41CP" EXCUSED
Barbar J. Kirkmeyer, o-Tem
BY: c tcU s.-- • 74(
*�•"/i..._ �_♦
Deputy Clerk to the 6�= �r� �� �r `?`'
Georg E axter
APPROVE DA TC� FORM: i�//�/ g
1' / M. J((( Geile
/ C ty Attorney
% Glenn Vaad
, / 992097
�' ' Nil HA0019
CONTRACT NO: FY99-ESG-4003
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN A WOMAN'S PLACE, INC. AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this day of , 1999, by
and between the Board of County Commissioners, on behalf of the Weld County Department
of Social Services, hereinafter referred to as "Social Services," and "A Woman's Place, Inc.,"
hereinafter referred to as the Contractor."
WITNESSETH
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Contract Encumbrance Number FY99-ESG-4003; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the United States Government, through the Stewart B. McKinney Homeless
Act of 1987, the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, and
Cranston-Gonzalez National Affordable 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 1999 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
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992097
CONTRACT NO: FY99-ESG-4003
County; and
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term
This Contract shall become effective and shall expire June 30,
2000. 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, 2000.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year ESG Plan, in accordance with policies
and procedures developed by the Social Services. In consideration for the
monies and negotiated funding and programmatic criteria to be received from
Social Services, the Contractor shall do, perform, and carry out in a satisfactory
and proper manner, as determined by the Social Services, all work elements as
indicated in the "Scope of Services and Payment Schedule," set forth in the
attached Exhibit A, which is attached hereto and incorporated herein by
reference, hereinafter referred to as the "Project." Work performed prior to the
execution of this Contract shall not be considered part of this Project.
3. Funding and Method of Payment
Social Services agrees to pay to the Contractor, in consideration for the work and
services performed, a total amount not to exceed Six Thousand Seven Hundred
Seventy Seven ($6,777). 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
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CONTRACT NO: FY99-ESG-4003
expended under ESG must conform to the Single Audit Act of 1984
and OMB Circular A-128.
5. Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of
services performed for costs incurred in the performance of this
Agreement.
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
(]))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.
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CONTRACT NO: FY99-ESG-4003
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.
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
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CONTRACT NO: FY99-ESG-4003
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):
For Social Services: For the Contractor:
Thomas Teixeira_ Director WCHA Sharon Mitchell. Executive Director
Notice
All notices required to be given by the parties hereunder shall be given by
certified or registered mail to the individuals at the addresses set forth below.
Either party may from time to time designate in writing a substitute person(s) or
address to whom such notices shall be sent:
To: Judy A.Griego,Director To: A Woman's Place, Inc..
Weld County Department of Social Services P.O.Box 71
P.O.Box A Greeley,CO 80632
Greeley,CO 80632
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CONTRACT NO: FY99-ESG-4003
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.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS A WOMAN'S PLACE, INC.
LaGeor e E. xter, Chair P :.t`, Susan Warren, P4sident
���, : •�:
( ;1 •, Attest ATTEST:
Weld Co my Clerk ty the/Boar.% es
BY: 1 ,, '.' ;t �I)(.I
Deputy Clerk
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CONTRACT NO: FY99-ESG-4003
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists:
A. Emergency shelter services, in accordance with the Stewart B, McKinney Act,
Emergency Shelter Grant (ESG), to help improve the quality of emergency shelter
services of the homeless. ESG funds may by used for the following activities relating to
shelter services for the homeless:
1) Developing and implementing homeless prevention activities including,
but not limited to short-term subsidies to defray rent, mortgage, and/or
utility arrearages, security deposits or first month's rent, and
mediation/legal services.
2) Rehabilitation of existing building, including improvements to increase
the efficient use of energy in buildings. (Rehabilitation means labor,
materials, tools and other costs of improving building, including repair
directed toward accumulation of deferred maintenance; replacement of
principal fixtures and components of existing building; installation of
security devices and improvement through alterations or additions.)
3) Payment of shelter maintenance, operations, (including administration
but excluding staffing costs) rent, repair, security. fuels and equipment,
insurance, utilities and furnishings.
4) Provisions of essential services, including (but not limited to) services
concerned with employment, health, substance abuse, education, or food,
including staff necessary to provide such services. Grant amounts
provided may be used to provide essential services only if the service is
(I) 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.
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Exhibit A, Continued
B. Homeless services, in accordance with the Stewart B. Mc Kinney
Homeless Assistance Act (HAA) of 1987, to enable homeless
individuals to make the transition out of poverty.
2. Definition of Homeless Individuals
For the purposes of funding under the ESG, the term "homeless" or "homeless"
individual includes:
a. An individual who lacks a fixed, regular and adequate nighttime residence that
is--
(1) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare hotels, congregate shelters
and transitional housing for the mentally ill); or
(2) an institution that provides a temporary residence for individuals intended to be
institutionalized; or
(3) a publicly or private place not designed for, or ordinarily used as a regular
sleeping accommodation for human beings.
3. Performance Goals
The Contractor shall meet the overall performance standard as established in the ESG
plans. The Contractor shall meet specific performance goals as follows:
A. Operation Costs
I. Emergency response via 24- hour crisis phone line.
2. 1000 crisis and/or counselling calls handled by staff.
3. 90 emergency intakes for safe housing.
4. 1500 non-crisis advocacy phone calls handled by staff and
volunteers
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CONTRACT NO: FY99-ESG-4003
Exhibit A, Continued
5. 3800 nights of safe housing for 90 adult victims of domestic
violence and their 135 children.
6. 1000 individual counselling sessions.
7. 800 therapeutic group counselling sessions.
8. 75 community presentations on the issues of domestic violence and the
resulting problem of homelessness
B. Essential Services
1. to assist at least 30 victims of domestic violence and their
children to:
a. move into permanent housing independent of the abuser;
and
b. access appropriate resources and/or services including
Aid to Families with dependent Children, Food Stamps,
medical services, psychological counselling, employment
counselling, and other services as needed.
4. Compensation and Method of Payment
The Weld County Department of Social Services agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed
Six Thousand Seven Hundred Seventy Seven. All funds shall be used for operating
costs and Essential Services as follows
Operation Cost Categories
Utilities(Electricity, Gas, Water/Sewer and Telephone $1,410.00
Repair/Maintenance 700.00
Insurance 1,402.00
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CONTRACT NO: FY99-ESG-4003
Exhibit A(Continued)
Essential Services
Case Management $3,265.00
TOTAL $6,777.00
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.
6. Contract Monitoring
Weld County Department of Social Services will monitor the Project on an as needed
basis.
7. Reporting Schedule
The Contractor will submit a single financial and program narrative report detailing the
progress of the Project. Interim financial and program reports will be required monthly
by Weld County Department of Social Services and are due no later than the fifth of the
following month. Program reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any improvements.
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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
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EXHIBIT B
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.
9. The Contractor assures that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect any copy records, and
shall be allowed to monitor and review through on-site visits, all contract activities,
supported with funds under this Agreement to ensure compliance with the terms of this
Agreement. Contracting parties agree that monitoring and evaluation of the performance
of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
11. The Contractor certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal Loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, loan, grant,
or cooperative agreement.
12. The Contract assures that it will fully comply with the Emergency Shelter Grant and
regulations promulgated, and all other applicable Federal and State laws, rules and
regulations. The Contractor understands that the source of funds to be used under this
agreement is Stewart B. McKinney Homeless Grant Funds.
13. The Contractor assures and certifies that it and its principals:
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Exhibit B, Continued
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a
Federal department or agency;
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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