HomeMy WebLinkAbout951378.tiffRESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT WITH
CATHOLIC COMMUNITY SERVICES/NORTHERN 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 Catholic
Community Services/Northern, 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
Catholic Community Services/Northern 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 10th day of July, A.D., 1995, nunc pro tunc July 1, 1995.
APP
lerk to the Board
o the Board
AS TO FORM:�
ounty Attorney
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BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, C. ORADO
eorge E43axter
Constance L. Harbert
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951378
SS0021
CONTRACT NO: FY95-ESG-4002
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN CATHOLIC COMMUNITY SERVICES/NORTHERN AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this /0/3 day of
1995, by and between the Board of County Commissioners, on behalf th j Weld
County Department of Social Services, hereinafter referred to as "Social
Services," and "Catholic Community Services/Northern, A Division of Catholic
Charities and Community Services, Inc.," hereinafter referred to as the
Contractor."
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O
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-ESG-4002; 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 1995 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
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CONTRACT NO: FY95-ESG-4002
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
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Term
This Contract shall become effective upon proper execution of
this Agreement. The term of the Contract 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, 1995.
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
Eleven Thousand Three Hundred and Five Dollars($11,305).
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.
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CONTRACT NO: FY95-ESG-4002
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
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 Retort The Contractor shall
submit to the Department one (1) copy of the monthly
programmatic status report in the manner prescribed by Social
Services.
b. Performance Reports The Contractor shall submit to the
Department one (1)copy of monthly performance report and of
the project completion report in a manner and -method
prescribed by Social Services.
8. Monitoring and Evaluation
The Contractor and Social Services agree that monitoring and
evaluation of the performance of this Agreement shall be conducted
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CONTRACT NO: FY95-ESG-4002
by the Colorado Department of
funding sources, the Contractor,
of the monitoring and evaluation
Weld County Commissioners.
Local Affairs, other appropriate
and Social Services. The results
shall be provided to the Board of
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
completed;
corrections in performance are satisfactorily
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
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CONTRACT NO: FY95-ESG-4002
deliverables which have not been performed and which due to
circumstances caused by the Contractor cannot be performed or
if performed would be of no value to the Social Services.
Denial of the amount of payment shall be reasonably related to
the amount of work or deliverables lost to Social Services;
d. terminate the Agreement for cause given 30 day written notice
if the Contractor fails to successfully execute a corrective
action plan as prescribed in writing:
1. In the event this Agreement is terminated for cause,
final payment to the Contractor may be withheld at the
discretion of Social Services until completion of final
audit
e. incorrect payment to the Contractor due to omission, error,
fraud, and/or defalcation shall be recovered from the
Contractor by deduction from subsequent payments under this
Agreement or other agreements between Social Services and the
Contractor, or by Social Services as a debt due to Social
Services or otherwise as provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified
below are hereby designated representatives of the respective
parties. Either party may from time to time designate in writing
a new or substitute representative(s):
For Social Services: For the Contractor:
Jim Sheehan, Director WCHA
//t 1
Mary O/leans, Director
Notice
All notices required to be given by the parties hereunder shall be
given by certified or registered mail to the individuals as 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:
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CONTRACT NO: FY95-ESG-4002
To: Judy A. Griego, Director To: Mary Orleans., Director
Weld County Department of Social Services Catholic Community Services, Inc
P.O. Box A 1311 11th Street
Greeley, CO 80632 Greeley, CO 80632
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 CATHOLIC COMMUNITY SERVICES NORTEERN
A Division of Catholic Charities
W
ty Clerk yto� the Board
eputy Cl rk
ommunit Services,INC,
!/1,M
Roseann Ar s, President
Attest 47Lv✓ Ac a,
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CONTRACT NO: FY95-ESG-4002
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 (1) new
service, or (b) a quantifiable increase in the level of
essential services provided with local funds during -the 12
months before the Contractor received its ESG grant.
B. Homeless services, in accordance with the Stewart B. Mc Kinney
Homeless Assistance Act (HAA) of 1987, to enable homeless
individuals to make the transition out of poverty.
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CONTRACT NO: FY95-ESG-4002
Exhibit A, Continued
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. Provide 12,500 nights of shelter and 25,000 meals for 1,200
homeless people including 120 families.
B. Assist homeless families and individuals in moving toward self-
sufficiency.
r
1) Continue working with funding sources to provide revenues to
fund a full time staff person to provide case management.
2) Continue to refer homeless people to Weld Information and
Referral Services and Weld County Job Service.
3) Continue to maintain an effective working relationship with
other homeless service providers through regular contacts,
referrals, and planning sessions to insur effective,cost efficient,
coordinated services in the community.
C. Develop adequate resources to continue shelter services
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CONTRACT NO: FY95-ESG-4002
Exhibit A, Continued
1) Continue to maintain client information , lciinet profile,
tracking employment and housing outcomes of clients to be used in
securing funding.
2) Work with Weld County, City of Greeley, United Way, InterAgency
Strategic Planning Committee and shelter providers in developing
effective ways to generate revenues.
3. Particiate in United Way Campiagn by assistting with events and
speaking to groups.
D. Continue to develop in -kind support through work with churches,
community groups, and the University of Northern Colorado.
1. Continue to meet with church groups on a monthly basis to
develop in -kind support in the form of supplies and volunteers.
2. Participate in Greeley Interfaith meetings.
3. Continue to make presentations and give information to community
groups.
4. Continue monthly meetings of Guadalupe Volunteer Advisory
Committee.
5. Have 2 major media coverages annually.
6. Continue to have student interns assist with shelter
services.
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 Eleven Thousand Three Hundred and Five
Dollars($11,305). All funds shall be used for operating costs and
Essential Services as follows
Operation Cost Categories
Utilities(Electricity, Gas, Water/Sewer and Telephone $4,145
Supplies and Equipment 5,275
Essential Services
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CONTRACT NO: FY95-ESG-4002
Exhibit A, Continued
Case Management 1.885
TOTAL $11,305
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. Reportina 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.
a -
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CONTRACT NO: FY95-ESG-4002
EXHIBIT B
1. The Contractor agrees it is an independent contractor and that
officers and employees do not become employees of Weld County, nor
they entitled to any employee benefits as Weld County employees, as
result of the execution of this Agreement.
its
are
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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
any immunities the parties or their officers or
nor shall any portion of this Agreement be deemed
of care with respect to any persons not a party
constitute a waiver of
employees may possess,
to have treated a duty
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,
,F clause, and phrase thereof irrespective of the fact that any oneF 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
par`icipation tn, he denied the benefits of, or be otherwise subjected
to discrimination under this approved Agreement.
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CONTRACT NO: FY95-ESG-4002
Exhibit B, Continued
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 modificatiog_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:
a. Are not presently debarred, suspended, pronosed for debarment,
declared ineligible, or voluntarily excluded from covered
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CONTRACT NO: FY95-ESG-4002
Exhibit B, Continued
transactions by a Federal department or agency;
b. Have not, within a three-year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a government entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph 11(b) of
this certification; and
d. Have not within a three-year period preceding this Agreement, had
one or more public transactions (Federal, State, and local)
terminated for cause or default.
ON -
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