HomeMy WebLinkAbout951355.tiffRESOLUTION
RE: APPROVE EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM
AND COMMUNITY FOOD AND NUTRITION PROGRAM CONTRACT WITH COLORADO
DEPARTMENT OF LOCAL AFFAIRS OF DOCUMENT 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 an Emergency Community Services
Homeless Grant Program and Community Food and Nutrition Program Contract 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 the Colorado Department of Local
Affairs, with terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Emergency Community Services
Homeless Grant Program and Community Food and Nutrition Program Contract 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 the Colorado Department of Local
Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 1995.
BY.
Clerk to the Board
Deputy CledkAto the Board
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
COUNTY, O O' '; O
Dale K. Hall, Chairman
J. Kirkmeyero-Te
Ge tge E(Baxter
Constance L. Harbert
W. H. Webster
951355
SS0021
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM AND
COMMUNITY FOOD AND NUTRITION PROGRAM CONTRACT
THIS CONTRACT, made this day of July , 1995 by and between the State of Colorado for the use and benefit of the
Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 hereinafter referred to as the State, and Weld County Board
of Commissioners, 915 10th Street, Greeley, Colorado 80632 hereinafter referred to as the Contractor.
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 Fund Number Organization Number
Appropriation Codes Contract Encumbrance Number , GBL Number ; 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 Assistance Act of 1987 ("the Act"), 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 funds to renovate buildings to be used to provide such services provided all procedures
required under the National Historic Preservation Act are followed; 3) to provide assistance in obtaining social and maintenance services and
income support services for homeless individuals; 4) to promote the private sector and other assistance providers to provide services to
homeless individuals; or 5) to provide services for the prevention of homelessness; and 6) to provide violence counseling for homeless
children and individuals and to provide violence counseling training to individuals who work with homeless children and individuals.
WHEREAS, the State of Colorado annually distributes Community Services Block Grant (CSBG) funds received from the
Department of Health and Human Services (HHS) to eligible entities. These are the eligible entities funded when the State applied for and
received a waiver from the Secretary of HHS, under Pub. L. No. 98-139, and who has made a grant under CSBG Act (42 U.S.C. 9901 et
seq.) for fiscal year 1984; and
WHEREAS, the State of Colorado has received its 1994 Act funding under Appropriation # 7551504 funds awarded to states are
governed by the provisions of 31 USC 6503(a) and 45 CFR Subpart B, Section 96.12; and
WHEREAS, the Act requires the State to award grants to those eligible entities consistent with the waiver received under the CSBG
program; and
WHEREAS, the State has received Community Food and Nutrition (CFN) Program funds under the provisions of Section 681A(b)(1)
of the Community Services Block Grant Act as amended by Public Law 99-425 of the Human Services Reauthorization Act, dated September
30, 1986, under Grant Number G95B3-CO-COSR, the Fiscal Year 1995 Appropriations Bill; and
WHEREAS, the Department has received applications from eligible entities for allocations from the ECSH and CFN funds available
to the State; and
WHEREAS, the Contractor is one of the eligible entities to receive ECSH and CFN funds; and
WHEREAS, the Contractor is capable and desires to perform the services contained in its approved project plan;
NOW THEREFORE it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out,
in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services," set forth in the
attached Exhibit A, which is attadlfed 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.
2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Judy A.
Grieqo , an employee or agent of Contractor, who is hereby designated as the administrator -in -charge of this Project. At any time the
administrator -in -charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable
replacement administrator -in -charge and the State receives notification of such replacement assignment. All services contained in the
approved "Project" will be performed by the Contractor or under its supervision. All agencies engaged in the Project shall meet the approval
of the State. None of the work or services contained in the approved Project shall be subcontracted without the prior approval of the State.
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract as set forth in Exhibit A. The
Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and
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performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance
of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope
of Services.
4. Eligibility and Purposes. All Emergency Community Services Homeless project activities shall be eligible under the Stewart B.
McKinney Homeless Assistance Act of 1987 ("the Act"), Pub. L. No. 100-77 (as amended), and all related regulations and requirements.
Furthermore, project activities shall meet the following indicated (with an "X") purposes, as set forth in the Act, as amended, and all related
regulations and requirements:
X expansion of comprehensive services to homeless Individuals to provide through eligible entities services to homeless
individuals to provide follow-up and long-term services to enable homeless individuals to make the transition out of poverty;
renovation of buildings to be used to provide such services, except that not more than 50 percent of such amount as may
be used for such purpose, and provided all procedures required under the National Historic Preservation Act are followed;
provision of assistance in obtaining social and maintenance services and income support services for homeless individuals;
provision of private sector and other assistance providers to provide services to homeless individuals;
provision of services for the prevention of homelessness; and/or,
X provision of, or referral to, violence counseling for homeless children and individuals and the provision of violence counseling
training to individuals who work with homeless children and individuals.
All CFN project activities shall be eligible under Section 681A of the Act, as amended, and all related regulations and requirements.
Furthermore, project activities shall meet the following indicated (with an "X") purposes, as set forth in the Act, as amended, and all related
regulations and requirements:
X to coordinate existing private and public food assistance resources, whenever such coordination is determined to be
inadequate, to better serve low-income populations;
to assist low-income communities to identify potential sponsors of child nutrition programs and to initiate new programs in
underserved or unserved areas; and
to develop innovative approaches at the State and local levels to meet the nutrition needs of low-income people.
6. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise
compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore,
the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract
are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the
State, the State many immediately terminate this Contract.
7. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are
not eligible ECSH' and CFN expenditures and shall not be reimbursed by the State.
b) Definition of Client Eligibility. A homeless individual is eligible for assistance under ECSH and CFN 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 State in an amendment letter.
Family Unit Size
1
2
3
4
5
6
7
8
9+
Poverty Guideline
$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.
c) Definition of a Homeless Persons. Homeless persons are defined, for the purposes of this Contract, as those persons which
lack a fixed, regular, and adequate nighttime residence or a person or family who have a primary nighttime residence that is:
i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including
welfare, hotels, congregate shelters, and transitional housing for persons with mental illness);
ii) an institution that provides a temporary residence for individuals intended to be institutionalized; or,
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iii) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings.
d) Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services
to be performed, a total amount not to exceed Twelve Thousand Eight Hundred Sixty-five Dollars ($12,865.00). The method and time
of payment shall be made in accordance with the "Payment Method" set forth herein.
8. Financial Management At an 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. The required annual audit of all funds expended under the ECSH and CFN must conform to the Single Audit Act of 1984 and
OMB Circular A-128.
9. Payment Method. Unless otherwise provided in the Scope of Services:
a) the Contractor shall periodically initiate all drawdown requests by submitting to the Department a written request using the
State -provided form, for reimbursement of actual and proper expenditures of ECSH and CFN funds plus an estimation of funds
needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements,
program objectives, contractual terms, or reporting requirements.
c) The State may withhold payment of the final five (5) percent of the total contract amount until the Contractor has submitted
and the Department has accepted all required quarterly Financial Status Report and Performance Report information.
10. Audit
a) Discretionary Audit. The State, through the Executive Director of the Department, the state Auditor, or any of their duly
authorized representatives, including an independent Certified Public Accountant of the state's choosing, or the federal govemment
or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the contractor's (and
any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time
and for any reason from the effective date of this Contract until five (5) years after the date final payment for this project is received
by the contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the state calls for a discretionary audit as provided above, the Contractor shall include the
project in an annual audit report as required by the Colorado Local Govemment Audit Law, C.R.S. 1973, 29-1-601, et seq and the
Single Audit Act of 1984, Pub. L. 98-502, 24 CFR Part 44, and federal and state implementing rules and regulations. Such audit
reports shall be simultaneously submitted to the department and the state auditor. Thereafter, the Contractor shall supply the
department with copies of all correspondence from the state Auditor related to the relevant audit report. If the audit reveals evidence
of non-compliance with applicable requirements, the department reserves the right to institute compliance or other appropriate
proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
11. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express
or implied, to bind the state to any agreements, settlements, liability or understanding except as expressly set forth herein.
12. Personnel. The Contractor represents that it has, or will secure at its own expense, unless otherwise stated in the Scope of Services,
all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under
this Contract Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible
for employee benefits, unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify
the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes
and income tax withholding. All of the services required hereunder will be performed by the Contractor or under its supervision, and all
personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services.
The Contractor is responsible for providing Workmen's Compensation Coverage for all of its employees to the extent required by law, and
for providing such coverage or requiring its subcontractors to provide such coverage for the subcontractor's employees. In no case is the
State responsible for providing Wdrkmen's Compensation Coverage for any employees or subcontractors of the Contractor pursuant to this
Agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard.
13. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor,
suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds,
pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow
such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the project.
14. Contract Termination. This contract may be terminated as follows:
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a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed,
or otherwise compensated with federal ECSH and CFN funds provided to the State for the purpose of contracting for the services provided
for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising
under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received
by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations
under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall
thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such termination. If the contract is terminated by the State as provided
herein, the Contractor will be reimbursed an amount equal to the actual expenses incurred as of the date of termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of
any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such
time as the exact amount of damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes
of the distribution of ECSH and CFN monies under the Contract would no longer be served by completion of the Project The State shall effect
such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination. If the Contract is terminated by the State as provided herein, the Contractor will be paid an
amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor
covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the
services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in
addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred
by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract.
If this Contract is terminated due to the fault of the Contractor, Paragraph 11b hereof relative to termination shall apply.
15. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal
or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set
forth herein.
b) Programmatic or Budgetary Modifications Contractor shall follow the revision procedures set forth in the Financial
Management Requirements if programmatic or budgetary modifications are desired:
i) The contractor must submit a written request to the Department and obtain prior written approval from the Department
under the following circumstances:
a. unless otherwise specified in the Scope of Services, when cumulative budgetary changes exceed five (5) percent
of the total contract amount or Five Thousand Dollars ($5,000), whichever is less;
b. when any budget transfers to or between budgeted categories are proposed;
c. when the scope, objective or completion date of the Project changes;
d. when less State funding is needed;
e. when revisions pertain to the addition of items requiring approval in accordance with the provisions of the
subsection of the Financial Management Requirements entitled "Cost Principles."
ii) Under the following circumstances and in addition to the foregoing procedure, prior approval for changes must be
authorized by the State in an amendment to this contract properly executed and approved in accordance with
applicable law:
a. when: cumulative budgetary changes exceed ten (10) percent of the total contract amount or Ten Thousand
Dollars ($10,000), whichever is greater,
b. when the scope, objective or completion date of the Project changes substantially, as determined by the
Department; and
c. when any additional State funding is needed.
Under such circumstances, the Department's approval is not binding until memorialized in the contract amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth
in subparagraphs a and b above, written notice of the proposed modification shall be given to the other party. No such modification shall take
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effect unless agreed to in writing by both parties in an amendment to this Contract property executed and approved in accordance with
applicable law.
14. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understandings
between the parties at this time as to the subject matter hereof, and no prior or contemporaneous addition, deletion or amendment hereto
shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes,
executed and approved pursuant to applicable law.
15. Reports.
a) Financial Reports. The Contractor shall submit to the Department two (2) copies of quarterly financial status reports in the
manner and method prescribed by the Department. The report is due within 10 days following the end each calendar quarter
until completion of the project.
b) Performance Reports. The Contractor shall submit to the Department one (1) copy of quarterly performance report
and of a project completion report for ECSH and one (1) copy of project completion report for CFN in a manner and method
prescribed by the Department. The report is due within 10 days following the end of each calendar quarter until completion of the
_project
16. Conflict of Interest.
a) In the Case of Procurement In the procurement of supplies, equipment, and services by the Contractor and its
subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall participate in the selection or in the
award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise
when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or
is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers,
-employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of
monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic
value of such items is nominal.
b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation
assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no
persons described in subparagraph ) below who exercise or have exercised any functions or responsibilities with respect to
ECSH activities or who are in a position to participate in a decision making process or gain inside information with regard to
such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they
have family or business ties, during their tenure or for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies
or subcontractors receiving ECSH funds.
ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may grant an
exception to the provisions of this subparagraph b) when it determines that such an exception will serve to further the
purposes of the ECSH program and the effective and efficient administration of the Contractor's Project An exception
may be considered only after the Contractor has provided the following:
-a. A disclosure of the nature of the conflict, accompanied by an assurance that:
i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure
was or will be made; and
ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making
-process with respect to the specific Project assisted activity in question; and
b. An opinion of the Contractor's attorney that the interest for which the exception is sought would not violate
State or local law; and
c. A written statement signed by the chief elected official of the Contractor holding the State harmless from all
liability in connection with any exception which may be granted by the State to the provisions of this
subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor
has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the
following factors, where applicable:
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a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the
Project which would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of persons intended to be beneficiaries of the
ECSH assisted activity, and the exception will permit such person to receive generally the same benefits as
are being made available or provided to the group or class;
id. Whether the interest or benefit was present before the affected person was in a position as described in this
subparagraph b);
-e. Whether undue hardship will result either to the Contractor or the person affected when weighed against the
public interest served by avoiding the prohibited conflict; and
f.
Any other relevant considerations.
17. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any subcontractors shall
strictly adhere to all applicable federal and State laws, orders, and all applicable standards, regulations, interpretations or guidelines
issued pursuant thereto.
18. Nondiscrimination Provisions. In accordance with Sec. 677 of the Act, no person shall on the grounds of race, color, national origin,
or sex be excluded from participation or be denied the benefits of, or be subjected to discrimination under, any program or activity funded
in whole or in part with funds made available under Sec. 677. Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 or with regard to otherwise qualified handicapped individuals as provided in Sec. 504 of the Rehabilitation Act of
1973 shall also apply to any such program or activity. Violations shall be subject to the penalties set forth in subsection (b) and (c) of Sect.
-677 and the Contractor agrees to indemnify and hold the State harmless from any claims or demands which may arise under this provision.
19. Monitoring and Evaluation. The Department of Local Affairs, Division of Housing will monitor and evaluate the Contract with the
Contractor under the ECSH and CFN program. The Contract will be monitored for compliance with the rules, regulations, requirements and
guidelines which the State has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon
its completion.
20. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or
become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of
any breach of a term hereof shall not be construed as waiver of any other term.
21. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the
parties, or any subcontractors hereto, and their respective successors and assigns.
22. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise
dispose of this Contract or any portion thereof, or of its rights, title, interest or duties therein, without the prior written consent of the other
party. No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract.
23. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an Applicant "ECSH Resolution 8
-Certification" which is hereby incorporated and made a part of this Contract by reference.
24. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms
and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the
termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Contractor or its subcontractors.
25. Federal Investigations. The Contractor agrees that the Controller General of the United States of America or its authorized
representative may at any time during the terms of this contract and for a period of five (5) years after the final payment hereunder, undertake
and conduct an investigation of theuses of the funds received to ensure compliance with the provisions of the Act. The Contractor shall make
available appropriate books, documents, papers, and records for inspection, examination, copying, or mechanical reproduction on br off the
-premises upon a reasonable request thereof. The Contractor agrees to permit and cooperate with any Federal Investigation.
County
26. No Third Party Beneficiary. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the State and the Contractor, and nothing contained in this Agreement shall give or allow any claim
or right of action by any other or third person under this Agreement. It is the express intention of the State and the Contractor that any person
other than the State or the Contractor receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary
only.
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27. Rights and Remedies Not Waived. No assent, expressed or implied, by one party to any breath of the agreement by the other party
-shall be held to be a waiver by the non -breathing party of any later or other breach.
28. Special Provisions. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees
and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result
of any act or omission by the contractor or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
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SPECIAL PROVISIONS
CONTROLL-ER'S APP-ROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.Ttis
_provision is applicable to any contract involving the payment of money by the State,
-FUND AVAILABILITY
2. Financial obligations oldie State of Colorado payable after the current fiscal year are contingent upon funds for that purpose —being appropriated, budgeted,
aedstherwise made available,
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of anybuilding,
toad, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
is this contract, duly execute and deliver to the State official who will' sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract, Such bond shall be duly executed by aqualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
soots -acted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed. no claim in favor of the contractor arising under such contact shall be audited, allowed or paid. A certified or cashier's check or a bank money ordcr payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
-damages, liability and court awards including costs, expenses, and attorney fees incurred ass result of any act or omission by the contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 2434402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16.
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts_
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin. sex,
marital status, religion, ancestry, mental or physical handicap, or age, The contractor will take affumative action to insure that applicants are employed, and that
employees arc treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advetisings; lay-offs or terminations; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment.
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of die Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin, or ancestry.
(0 A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder, or attempt, either directly
or indirectly, to commit any act defined in this contract to be discriminatory.
Bonn 6 -AC -020
Revised 1/93
395-53-01-1022
page 8 of
9 pages
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders.
this contract may be canceled, terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(It) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by
Set, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975. so that such provisions will
lee binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor arc applicable to this contract if public worts within the State are undertaken hereunder and
are financed in whole or in part by State funds.
b. What a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from
• state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by
the effacer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102)
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract- Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body or person or which
is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint.
defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
S. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor: Wel
(Full Legal Name)
Position (Tttk)
—.1811
If Corporation:)
Attest (Seal)
By
my
CHAIRMAI+L,t
'oanty Board of, Com,i4ssioners
DALE K. HALL
STATE Of COLORADO
ROY ROMMpE�R, GOVERNOR
'5 EXECUTIVE DIRECTOR
L
ATTORNEY GENERAL
By
Form 6 -AC -02C
Revised l/93
395-53-01-1030
DEPARTMENT
or Local Affairs
o Board
Page 9 which is the last of 9
'Sec instructions on reverse side
pages
EXHIBIT A
SCOPE OF SERVICES
1. Project Description and Objectives. The Contractor shall use Emergency Community Service
-Homeless Grant funds in accordance with project activities specified in Paragraph 4 of the
main body of this contract. Based on priorities established in the application submitted by
the Contractor, A Women's Place, Weld Information and Referral Services, Greeley
Transitional Housing, and Catholic Community Services, Northern, may serve as
subgrantees to carry out ECSH and CFN activities.
2. Benefit to Homeless Persons. These funds must benefit persons which lack a fixed, regular,
and adequate nighttime residence or persons or families who have a primary nighttime
residence that is:
l a supervised publicly or privately operated shelter designed to provide temporary
living accommodations (including welfare, hotels, congregate shelters, and
transitional housing for persons with mental illness);
ii) an institution that provides a temporary residence for individuals intended to be
institutionalized; or,
iii) a public or private place not designed for, or ordinarily used as a regular sleeping
accommodation for human beings.
-Homeless prevention funds may be used to assist persons or families who have received
_eviction or utility shut-off notices and for whom: the assistance is necessary to avoid
eviction or termination of service; and there is a reasonable prospect the person/family will
'be able to resume payments within a reasonable period of time.
3. Financial Requirements. The Contractor shall comply with the policies, guidelines, and
requirements of 24 CFR part 58 (codified pursuant to OMB Circular No. A-102) and OMB
Circular No. A-87, as they relate to the acceptance and use of ECSH and CFN grant amounts
by States and units of local government, and Nos. A-110 and A-122 as they relate to the
_acceptance and use of ECSH and CFN grant amounts by private nonprofit organizations.
4. Contract Administration. The Contractor shall be responsible for the administration of the
Project and will be responsible for developing written agreements between its proposed
subcontractors and itself. Such agreements will govern the activities to be performed by the
subcontractor, standards of performance by the subcontractor, and a mechanism for paying
the subcontractor.
5. State Monitoring. The Department of Local Affairs, Division of Housing will monitor the
Project.
6. Project Budget.
.........................
Homeless Services
Nutrition Services
TOTAL
7. Time of Performance
]TAB:
38,150
18,150
$4,715
54,715
48,150
14,715
$12,865
The Project will commence upon the execution of this Contract. The Project for ECSH funds will
expire on June 30, 1996 and for CFN funds December 31, 1995. However, the project time of
performance for ECSH funds may be extended by letter, subject to mutual agreement of the State and
the Contractor. To initiate this process, a request in writing for an extension of the project time of
performance shall be submitted to the State by the Contractor at least thirty (30) days prior to June
199 -, and shall include a full justification for the extension request.
8. Payment Schedule
S12,865 Interim payments to be made upon submission of appropriate
documentation which include designated narrative and financial
reports. All CFN funds must be drawn down and spent by December
31, 199f The C• • ractor may request reimbursement every 30
days.
S12,865 Total •moo ect Costs
9. -Reporting Schedule
The Contractor shall submit quarterly Financial Status and Program reports for each funding
source on the forms prescribed by the Department of local Affairs, Division of Housing.
The final Financial Status and Program reports shall be submitted within twenty (20)
calendar days after the completion of the Project.
Page 2 of 2 pages
-1 \r
Ink
COLORADO
WELD COUNTY HOUSING AUTHORITY
PRONE (303) 352-1551
P.O. Box A
GREELEY, COLORADO 80632
TO: -DaleK. Hall, Chairman, Board of County Commissioners
FROM: Judy Griego, Director, Department of -Social Services
SUBJECT: Emergency Community Services Homeless Grant
Nutrition Contract for 1995
DATE: June 26, 1995
Weld County has been awarded a total of $8,1-50 in Emergency Community Services Homeless
Grant funds from the State Department of Local Affairs. The amount requestedfrom the State was
$17,650. The amount awarded to Weld County is down approximately 15 per cent from last year.
All ECSH funds are awarded for homeless case management services.
The County has also been awarded $4,715 for the Community Food and Nutrition Program. The
amount awarded is up from $3,942 (19.6%) from 1994. The intent of the CFN program is to
supplement the nutritional needs of low income and homeless persons.
Upon State approval of the Contract, ECSH funds will be sub -contracted with local homeless
service providers and CFN funds with the Weld Food Bank.
Staff is recommending Board approval of the Emergency Community Services Homeless
Grant/Community Food and Nutrition Contract for 1995.
If you have any questions, please telephone me at 352-1551, Extension 6200.
951355
Hello