HomeMy WebLinkAbout951480.tiffRESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT WITH
WELD INFORMATION AND REFERRAL SERVICE 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 Weld
Information and Referral Service, 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 Weld
Information and Referral Service 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
LD COUNTY, COLORADO
Clerk to the Board
BY ( JY t-tJVA-L
Deputy Clea to the Board
Constance L. Harbert
#9)(11V1JO
W. H. Webster
C_ U' : S .) Cv/f S
951480
SS0021
CONTRACT NO: FY95-ECSH-3001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN A WELD INFORMATION AND REFERRAL SERVICE (WIRS)
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
3� 5+
THIS AGREEMENT, made and entered into this 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 "Weld
Information and Referral Service" hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS,
and otherwise
available for
WHEREAS,
from and with
WHEREAS,
awarded funds
100-628, and
authority exists in the Law and Funds have been budgeted, appropriated
made available and a sufficient unencumbered balance thereof remains
payment in Contract Encumbrance Number FY95-ECSH-3001; and
required approval, clearance and coordination has been accomplished
appropriate agencies; and
the State of Colorado has received its 1995 ECSH Program Funds, and
to Social Services, as governed by provisions of P.L. 100-404 and P.O.
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-3001
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 Payment 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 exceedTwo Thousand Six
Hundred and Ninety Dollars ($2,690)
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-3001
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.
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
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CONTRACT NO: FY95-ECSH-3001
Department of Local Affairs, other appropriate funding sources,
Contractor, and Social Services. The results of the monitoring
evaluation shall be provided to the Board of Weld County Commissioners.
the
and
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. Denial of the
amount of payment shall be reasonably related to the amount of work
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CONTRACT NO: FY95-ECSH-3001
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. 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. WCHA Director Melanie -George Hernandez.Exec.Director Name
Title Name Title
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: Weld Information & Referral
Service
Judy A. Griego. Director Melanie -George Hernandez Exec. Dir.
P.O. Box A P.O. Box 2404
Greeley, CO 80632 Greeley. CO 80632
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.
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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.
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.
BOARD OF WELD COUJ.TY COQ ISSIONERS
Dale K. Hall,
Attest:
Weld County t,lerk5 t• 'Elk Board
0131/95
By:
Deputy Clerk
WELD INFORMATION AND REFERRAL
SERVI-CEO, ZINC
Teri Kel r-Am9aya, Presid@ t
Attest:
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Contract No: FY95-ECSH-3001
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 HMS'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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EXHIBIT A, Continued A
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 The Contractor shall meet the overall performance
standards as established in the ECSH plans. The Contractor shall
meet specific performance goals as follows:
A. Develop a quality and timely referral network by monitoring five clients:
1. Identify the number of clients referred.
2. Identify those receiving services within 30 days.
3. Identify barriers incurred in obtaining services.
B Meet with housing service providers monthly beginning July 1995, through
June 1996, to coordinate services
C. Monitor self-sufficiency achievements by short and long term goals over
a nine month perid in the areas of:
1. Training/Education
2. Employment
3. Subsidized and unsubsidized housing
D. Provide financial assistance to clients if needed in order to prevent
foreclosure or eviction.
E. Refer all clients to Consumer Credit Services.
F. Provide a current listing of landlords and low income rentals in Weld
County.
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 Two Thousand Six Hundred and Ninety Dollars ($2,690). The
method and time of payment shall be -made in accordance with the "Payment
Schedule set forth herein.
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EXHIBIT A, Continued A
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 Monitoring
The Social Services will monitor the Project on an as needed basis.
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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
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EXHIBIT B, Continued
benefits of, or be otherwise subjected to discrimination
under this approved Agreement.
S. 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 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 evluation
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;
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EXHIBIT B, Continued
b. Have not, within a three-year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged
by a government entity (Federal, State, or local) with commission of any
of the offenses enumerated in paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or
more public transactions (Federal, State, and local) terminated for cause
or default.
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