HomeMy WebLinkAbout951479.tiffRESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT WITH
GREELEY TRANSITIONAL HOUSE 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 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 Greeley
Transitional House, commencing July 1, 1995, and ending June 30, 1996, 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 Board of Social Services, that the Coordination 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
Greeley Transitional House 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 31st day of July, A.D., 1995, nunc pro tunc July 1, 1995.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COL'' 'p
oty Clerk to the Board
•
IL fl't, ttA,
ty Cler to the Board
APP' • -D AS TO FOR
unty ttorney
Da - K. Hall, Chairman
l
=arb.,:. J. Kirkmeye , Pro-Te
.tom_ cc.(
George E. Baxter
Constance L. Harbert
W. H. Webster
LG. 3s T/'
951479
SS0021
CONTRACT NO: FY95-ECSH-3002
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN GREELEY TRANSITIONAL HOUSE
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this 3/ S of July, 1995, 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 unencumbered
balance thereof remains available for payment in Contract Encumbrance Number
FY95-ECSH-3002; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State of Colorado has received its 1995 ECSH Program Funds,
and awarded funds to Social Services, as governed by provisions of P.L. 100-
404 and P.O. 100-628, and
WHEREAS, the United States Government through the Stewart B. McKinney
Homeless Assistance Act of 1987, Pub. L. No. 100-77 (as amended), has
established an Emergency Community Services Homeless Grant Program (ECSH)
Subtitle D to provide through eligible entities services to homeless
individuals: 1) to provide follow-up and long-term services to enable homeless
individuals to make the transition out of poverty; 2) to provide assistance in
obtaining social and maintenance services and income support services for
homeless individuals; 3) to promote the private sector and other assistance
providers to provide services to homeless individuals; or 4) to provide
services for the prevention of homelessness; and
WHEREAS, the State of Colorado distributes ECSH funds to Social
Services; and
WHEREAS, Social Services has received applications from private nonprofit
organizations in Weld County allocations from Federal ECSH funds available to
Weld County; and
WHEREAS, the Contractor is one of the eligible private nonprofit
organizations to receive ECSH funds; and
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CONTRACT NO: FY95-ECSH-3002
WHEREAS, Social Services and Contractor desire to cooperate to achieve
maximum efficiency and effectiveness among all agencies serving the homeless
population of Weld County; and
WHEREAS, the parties hereto desire to work together for the express
purpose of continuing the availability of shelter and services to Weld County
homeless and their families.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
1. Term
This Contract shall become effective upon proper execution of this
Agreement and shall begin July 1, 1995 and shall expire June 30,
1996. 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, 1996.
2. Scope of Services and P.yment Schedule
The Contractor has prepared a one year ECSH Plan, in accordance with
policies and procedures developed by the Social Services. In
consideration for the monies and negotiated funding and programmatic
criteria to be received from Social Services, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as
determined by Social Services, all work elements as indicated in the
"Scope of Services and Payment Schedule," set forth in the attached
Exhibit A, which is attached hereto and incorporated herein by
reference, hereinafter referred to as the "Project." Work performed
prior to the execution of this Contract shall not be considered part
of this Project.
3. Funding and Method of Payment
Social Services agrees to pay to the Contractor, in consideration
for the work and services performed, a total amount not to exceed
One Thousand Seven Hundred and Ten Dollars ($1,710).
Any expenses incurred by the Contractor prior to execution of this
Agreement are not eligible ECSH expenditures and shall not be
reimbursed by Social Services pursuant to this Agreement.
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CONTRACT NO: FY95-ECSH-3002
Payments will be prorated or reduced if contract is terminated
before June 30, 1996, pursuant to Section 16.
4. Financial Management
At all times from the effective date of this Contract until
completion of this Contract, the Contractor shall comply with the
administrative requirements, cost principles and other requirements
set forth in the Financial Management Manual adopted by the State of
Colorado. The required annual audit of all funds expended under the
ESG and ECSH must conform to the Single Audit Act of 1984 and OMB
Circular A-128.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment
Schedule:
a. the Contractor shall provide proper monthly invoices and
verification of services performed for costs incurred in the
performance of this agreement.
b. Social Services may withhold any payment if the Contractor has
failed to comply with the Financial Management Requirements,
program objectives, contractual terms, or reporting
requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the
attached Exhibit B, which is attached hereto and incorporated herein
by reference.
7. Program Reports
a. Quarterly Programmatic Status Report. The Contractor shall
submit to the Department one (1) copy of the Quarterly
Programmatic Status Report in the manner and method prescribed
by Social Services.
b. Performance Reports. The Contractor shall submit to the
Department one (1) copy of Quarterly performance report and of
a project completion report in a manner and method prescribed
by Social Services.
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CONTRACT NO: FY95-ECSH-3002
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.
10. Remedies
The Director of Social Services or designee may exercise any or all
of the following remedial actions should s/he find the Contractor
substantially failed to satisfy the scope of work found in this
Agreement. Substantial failure to satisfy the scope of work shall
be defined to mean incorrect or improper activities or inaction by
the Contractor as determined solely by the Director. These remedial
actions are as follows:
a. withhold payment to the Contractor until the necessary services
or corrections in performance are satisfactorily completed;
b. request the removal from work of those employee(s) and/or
agent(s) of the Contractor whom the Director or designee
identifies as being incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable, or whose continued
employment on the Agreement s/he deems to be contrary to the
public interest or not in the best interest of Social Services;
c. deny payment or recover reimbursement for those services or
deliverables which have not yet been performed and which due to
circumstances caused by the Contractor cannot be performed or
if performed would be of no value to the Social Services.
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CONTRACT NO: FY95-ECSH-3002
Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social Services;
11. Incorrect payment to the Contractor due to omission, error, fraud,
and/or defalcation shall be recovered from Contractor by deduction
from subsequent payments under this Agreement or other agreements
between Social Services and the Contractor, or by Social Services as
a debt due to Social Services or otherwise as provided by law.
12. Renresentatives
For the purposes of this Agreement, the individuals identified below
are hereby designated representatives of the respective parties.
Either party may from time to time designate in writing a new or
substitute representative(s):
For Social Services: For the Contractor:
Jim Sheehan. WCHA Director Linda Akers. Exec.Director
Name Name
13. 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 Linda Akers. Executive Director
P.O. Box A 1202 6th Street
Greeley. CO 80632 Greeley, CO 80631
14. Litigation
The Contractor shall promptly notify Social Services in the event
that the Contractor learns of any actual litigation in which it is
a party defendant in a case which involves services provided under
this Agreement. The Contractor, within five (5) calendar days after
being served with a summons, complaint, or other pleading which has
been filed in any federal or state court or administrative agency,
shall deliver copies of such document(s) to the Social Services
Director. The term "litigation" includes an assignment for the
benefit or creditors, and filings in bankruptcy, reorganization
and/or foreclosure.
15. 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.
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CONTRACT NO: FY95-ECSH-3002
16. Entire Agreement
This Agreement, together with all attachments hereto, constitutes
the entire understanding between the parties with respect to the
subject matter hereof, and may not be changed or modified except as
stated in Paragraph 12 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement
as of the day, month, and year first above written.
Deputy , Clerk
OMMISSIONERS
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O Y-TRAFTTIONA OUSE
Roger Harbert, President
Attest:
951479
Contract No: FY95-ECSH-3002
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists of:
A. Homeless services, in accordance with the Stewart B. McKinney
Homeless Assistance Act (HAA) of 1987, and under the Emergency
Community Services Homeless Grant (ECSH) to enable homeless
individuals to make the transition out of poverty.
2. Definition of Client Eligibility.
A homeless individual is eligible for assistance under ECSH if his/her
income is at or below the poverty line established annually in the HHS's
Poverty Income Guidelines which are set forth in this paragraph or
subsequently promulgated by the Colorado Department of Local Affairs in
an amendment letter.
Size of Family Unit Poverty Guideline
1
2
3
4
5
6
7
8
*
$ 9,200
12,300
15,400
18,500
21,600
24,700
27,800
30,900
*For family units with more than 8 members, add $3,100 for each additional
member.
3. Definition of Homeless Individuals For the purposes of funding under the
ESG and ECSH, the term "homeless" or "homeless individual" includes:
a. An individual who lacks a fixed, regular, and adequate nighttime
residence; and,
b. An individual who has a primary residence that is --
(1) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare
hotels,
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CONTRACT NO: FY95-ECSH-3002
EXHIBIT A, Continued
congregate shelters, and transitional housing for the mentally
ill); or
(2) an institution that provides a temporary residence for
individuals intended to be institutionalized; or
(3) a public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
4. Performance
A. Provide follow-up case management to 5 families who have
successfully completed the initial shelter self-sufficiency program.
B. Facilitate life skills support/education groups for those five
families on a weekly basis.
5. Compensation and Method of Payment The Social Services agrees to pay to
the Contractor, in consideration for the work and services to be
performed, a total amount not to exceed One Thousand Seven Hundred and
Ten Dollars ($1,710). The method and time of payment shall be made in
accordance with the "Payment Schedule set forth herein.
6. Payment Schedule
Interim payments to be made upon submission of appropriate documentation
which include designated narrative reports and invoices. The Contractor
may request reimbursement every 30 days for expenses incurred under the
Contractor's plan, which has been approved by Social Services.
7. Contract Monitorin¢,
The Social Services will monitor the Project on an as needed basis.
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CONTRACT NO: FY95-ECSH-3002
EXHIBIT B
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its
officers and employees do not become employees of Weld County, nor are
they entitled to any employee benefits as Weld County employees, as the
result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its
officers and employees, shall not be held liable for injuries or damages
caused by any negligent acts or omissions of Contractor or its employees,
volunteers, or agents while performing duties as described in this
Agreement. Contractor shall indemnify, defend, and hold harmless Weld
County, the Board of County Commissioners of Weld County, its employees,
volunteers, and agents. The Contractor shall provide adequate liability
and worker's compensation insurance for all its employees, volunteers,
and agents engaged in the performance of the Agreement.
3. No portion of this Agreement shall be deemed to constitute a waiver of
any immunities the parties or their officers or employees may possess,
nor shall any portion of this Agreement be deemed to have created a duty
of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on
the part of the County of Weld, State of Colorado, to expend funds not
otherwise appropriated in each succeeding year.
5. If any section, subsection, paragraph, sentence, clause, or phrase of
this Agreement is for any reason held or decided to be unconstitutional,
such decision shall not affect the validity of the remaining portions.
The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence,
clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might
be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect,
in the approved Agreement or the proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the
Civil Rights Act of 1986 and that no person shall, on the grounds of
race, creed, color, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate
records that will provide accurate, current, separate, and complete
disclosure of the status of the funds received under the Agreement are
maintained for three (3) years or the completion and resolution of an
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audit. Such records shall be sufficient to allow authorized local,
CONTRACT NO: FY95-ECSH-3002
EXHIBIT B, Continued
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
and copy records, and shall be allowed to monitor and review through on -
site visits, all contract activities, supported with funds under this
Agreement to ensure compliance with the terms of this Agreement.
Contracting parties agree that monitoring and evaluation of the
performance of the Agreement shall be conducted by appropriate funding
sources. The results of the monitoring and 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 the Emergency Community Services Homeless Grant and regulations
promulgated, and all other applicable Federal and state laws, rules and
regulations. The Contractor understands that the source of funds to be
used under this Agreement is Community Services Block Grant and Stewart
B. Mc Kinney 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
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CONTRACT NO: FY95-ECSH-3002
EXHIBIT B, Continued
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
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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