HomeMy WebLinkAbout992099.tiff RESOLUTION
RE: APPROVE COORDINATED AND PURCHASE OF SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - GREELEY TRANSITIONAL HOUSE
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
Greeley Transitional House, 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 Greeley Transitional House 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 and 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
r
ATTEST: J � ';�r [ EXCUSED
� a ;Dale K. Hall, Chair
Weld County Clerk to th- oar'
�'M' ( = CQy9 T XCUSED
, Barbara . KirkmeyeryPro-Tem
BY: r;:a:Z`%A
Deputy Clerk to the Bo Dn
'�1���LL11'' /
eorge . axer
APPROVED AS TO FORM: _
. Geile ,
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Co Attorney , i ':I/L/ ✓.1
Glenn Vaad
992099
(a; 1#4 HA0019
CONTRACT NO: FY99-ESG-4001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN GREELEY TRANSITIONAL HOUSE 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"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 FY99-ESG-4001 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 County; and
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
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992099
CONTRACT NO: FY99-ESG-4001
This Contract shall become effective upon proper execution of this Agreement and its term shall
begin_ , 1999 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. Scooe 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 Thirteen Thousand Four Hundred and Fifty Three(13,453)
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 expended under the CFN 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
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CONTRACT NO: FY99-ESG-4001
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(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 by the Colorado Department of Local Affairs, other appropriate
funding 5:ources, 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 the following remedial actions should s/he
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CONTRACT NO: FY99-ESG-4001
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 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 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 Linda Akers, Executive Director
Name Title Name Title
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CONTRACT NO: FY99-ESG-4001
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 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 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 Linda Akers, Executive Director
Name Title Name Title
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CONTRACT NO: FY99-ESG-4001
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
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 sut ject 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.
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CONTRACT NO: FY99-ESG-4001
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 GREELEY TRANSITIONAL HOUSE
WELD COUNTY,COLORADO
244. )
eorge E. Baxter, Chair Protein Linda S. Akers,Executive Director
(08/23/99) ,
ATTEST:2444/ �,. 4/1 �J� ATTEST:
Weld County Clerk to the Board
mu (;, s�,a •1
ri CC'
By:
Deputy Clerk
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CONTRACT NO: FY98-ESG-4001
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists of:
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:
I) 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 or 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) 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,
and under the Emergency Community Services Homeless Grant (ECSH) 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 teen"homeless"or"homeless individual includes:
a. An individual who lacks a fixed,regular and adequate nighttime residence that is--
(1) A supervises publicly or privately operated shelter designed to provide temporary living
accommodations (including welfare hotels, congregate shelters and transitional housing for
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CONTRACT NO: FY99-ESG-4001
Exhibit A, Continued
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. Emereencv/Self-Sufficiency Program
1. To provide emergency shelter and self-sufficiency program to forty-five (45)
families between July 1, 1999 and June 30,2000..
2. Target 85% of client families to secure employment, education, or training
prior to completing initial program.
3. Target 84% of client families to secure permanent affordable housing upon
completion initial program.
4. Work with the variety of human service agencies and finding sources in
meeting the needs of homeless families,preventing duplication of services, and
promoting high standards of performance.
B. Follow-up Prevention Program
Provide follow-up case management for eight (8) families successfully
completing the initial program. This will involve the establishment of a trusting
collaborative relationship, information and referral, psychosocial support and
encouragement,assessment of needs,goal setting and advocacy.
2. Facilitate life skills group including topics of budget counselling, self-esteem,
self-awareness, stability, responsibility and other educational topics related to
self-sufficiency. Target 80%of client families enrolled in the follow-up
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CONTRACT NO: FY99-ESG-4001
Exhibit A,Continued
program.
3. Work with the variety of human service agencies and funding sources in
meeting the needs of the enrolled families, preventing duplication of services,
preventing recycle of homelessness, and promoting high standards of
performance.
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 Thirteen Thousand Four Hundred and Fifty
Three($13,453). The method and time of payment shall be made in accordance with the "Payment Method
set forth herein.
5. Project Activities
All funds shall be used for Operating Costs and Essential Services as follows
Operation Cost Categories
Staffing $2000.00
Utilities(Electricity,Gas,Water/Sewer and Telephone 2550.00
Insurance 1298.00
Repairs and Maintenance 1370.00
Essential Services
Case Management 3,500.00
Transportation 735.00
Homeless Prevention
Security Deposits 2,000.00
TOTAL $13,453.00
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.
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CONTRACT NO: FY98-ESG-4001
Exhibit A,Continued
7. Contract Monitoring
Weld County Department of Social Services will monitor the Project on an as needed basis.
.8 Reporting Schedule
The Contractor will submit a single fmancial and program narrative report detailing the progress of the
Project at the completion of the Project for each funding source. Interim financial reports will be required
quarterly by Weld County Department of Social Services.
Program reports will be required quarterly and at the conclusion of the project. These reports shall describe
and evaluate any difficulties encountered in accomplishing the specifics of the Project and suggest any
improvements.
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CONTRACT NO: FY99-ESG-4001
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 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
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CONTRACT NO: FY98-ESG-4001
Exhibit B, Continued
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 Load, 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:
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 of records,making false statements,
or receiving stolen property;
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CONTRACT NO: FY99-ESG-4001
Exhibit B,Continued
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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