HomeMy WebLinkAbout981284.tiff RESOLUTION
RE: APPROVE FOUR COORDINATION AND PURCHASE OF SERVICES AGREEMENT
FOR EMERGENCY SHELTER GRANT PROGRAM AND AUTHORIZE CHAIR 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 four Coordination and Purchase of
Services Agreements for the Emergency Shelter Grant program between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Housing Authority, and the following entities:
1) A Woman's Place
2) Catholic Community Services
3) Greeley Transitional House
4) Greeley Housing Authority
WHEREAS, said agreements will commence July 1, 1998, and end June 30, 1999, with
further terms and conditions being as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are 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 four Coordination and Purchase
of Services Agreements for the Emergency Shelter Grant program between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Housing Authority, and the abovementioned entities be, and hereby
are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
/9 CeS� 4771 HA00188
FOUR COORDINATION AND PURCHASE OF SERVICES AGREEMENTS FOR EMERGENCY
SHELTER GRANT PROGRAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of July, A.D., 1998, nunc pro tunc July 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Constance L. Harbert, Chair
Weld County Clerk Mt 1 ' ad
O t2),A4n
/
W. H. ebster, Pro-Tem
BY:
Deputy Clerk t.�� • � �
eorge . Baxter
A OV AS TO FORM:
. Hall
ty Attor A.<l k4 c� lil/tf�pi r�
rbara J. Kirkmeyer
981284
HA0018
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DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
I GREELEY, COLORADO 80632
and Public Assistance (970) 352-1551
Child Support(970) 352-6933
WI CAdministration
Protective and Youth Services (970) 352-1923
MEMORANDUM Food Stamps (970) 356-3850
COLORADO Fax (970) 353-5215
TO: Constance L. Harbert, Chair Date: July 22, 1998
Board of County Commissioners
FR: Judy Griego, Director, Social Services. QtA3 a C
JJ i
RE: Emergency Shelter Grant Agreements with Homeless Service
Providers
Enclosed for Board approval are four Emergency Shelter Grant Agreements with homeless
service providers. The distribution of these funds is based on the shelter and case
management funding formulas, as approved by the Board of County Commissioners.
The major provisions of the Agreements are as follows:
1. The terms of the Agreements are July 1, 1998 through June 30, 1999.
2. The total Emergency Shelter Grant award is $45,353 (100% Federal Dollars). Of this
total, Emergency Shelter Grant provides $2,128 to the Department for administration.
We will distribute a total of$43,225 as follows:
Agencies Activities Subtotals Totals
A Woman's Place Operation Costs $ 4,485 $ 9,210
Essential Services $ 4,725
Catholic Community Services Operation Costs $12,207 $13,319
Essential Services $ 1,112
981284
MEMORANDUM Page 2
Constance L. Harbert
July 22, 1998
Greeley Transitional House Operation Costs $10,261 $15,855
Essential Services $ 4,594
Homeless Prevention $ 1,000
Greeley Housing Authority* Homeless Prevention $ 4,841 $ 4,841
Operation costs were funded based on the shelter funding formula, while essential
services consisting of case management were funded through the case management
funding formula.
3. The Department had received $34,100 in FY1998 (July 1, 1997 through June 30,
1998) as compared with $45,353 in FY 1999 (July 1, 1998 through June 30, 1999) or
a 33% increase. Excluding administrative dollars to the Department, the comparative
distribution of shelter and case management resources is as follows:
Agency 1998 1999 %Increase/Decrease
A Woman's Place $6,000 $ 9,210 54%increase
Catholic Charities/Northern $10,590 $13,319 26% increase
Greeley Transitional House $ 8,465 $15,855 87%increase
WIRS/Greeley Housing Authority* $ 7,445 $4,841 35%decrease
*Note: Greeley Housing Authority has replaced WIRS as the service provider for homeless
prevention rental assistance for FY 1999.
If you have any questions, please telephone me at extension 6510.
CONTRACT NO: FY98-ESG-4002
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN CATHOLIC CHARITIES/NORTHERN AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this 27-ti' day of J L 1998, 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 "Catholic
Charities/Northem," 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 FY98-ESG-4002; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the United States Government, through the Stewart B. McKinney Homeless
Act of 1987, the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, and
Cranston-Gonzalez National Affordable Housing Act of 1990, has established the Emergency
Shelter Grants (ESG) program and has allowed each state to administer such federal funds to
help improve the quality of emergency shelters for the homeless, to help make available
additional emergency shelters, and to help meet the costs of individuals, so that these individuals
have access to safe and sanitary shelters and supportive services and homelessness prevention
services and other types of assistance to improve their situations; and
WHEREAS, the State of Colorado has received its 1998 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
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CONTRACT NO: FY98-ESG-4002
County; and
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term
This Contract shall become effective upon proper execution of this Agreement. The
term of the Contract shall begin , 1998 and shall expire June
30, 1998. 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, 1999.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year ESG Plan, in accordance with policies and
procedures developed by the Social Services. In consideration for the monies and
negotiated funding and programmatic criteria to be received from Social Services,
the Contractor shall do, perform, and carry out in a satisfactory and proper manner,
as determined by the Social Services, all work elements as indicated in the "Scope
of Services and Payment Schedule," set forth in the attached Exhibit A, which is
attached hereto and incorporated herein by reference, hereinafter referred to as the
"Project." Work performed prior to the execution of this Contract shall not be
considered part of this Project.
3. Funding and Method of Payment
Social Services agrees to pay to the Contractor, in consideration for the work and
services performed, a total amount not to exceed Thirteen Thousand Three
Hundred and Nineteen Dollars($13.319.001.. 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
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CONTRACT NO: FY98-ESG-4002
adopted by the State of Colorado. The required annual audit of all funds expended
under ESG must conform to the Single Audit Act of 1984 and OMB Circular A-
128.
5. Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of
services performed for costs incurred in the performance of this Agreement.
b. Social Services may withhold any payment if the Contractor has failed to
comply with the Financial Management Requirements, program objectives,
contractual terms, or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit B,
which is attached hereto and incorporated herein by reference.
7. Program Reports
a. Monthly Programmatic Status 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 quarterly performance report and of the Quarterly Financial
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 sources, the Contractor, and Social
Services. The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners.
The Contractor shall permit the Colorado Department of Local Affairs, the U.S.
Department of Housing and Urban Development, and any other duly authorized
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CONTRACT NO: FY98-ESG-4002
agent or governmental agency,to monitor all activities conducted by the Contractor
pursuant to the terms of this Agreement. As the monitoring agency may in its sole
discretion deem necessary or appropriate, such monitoring may consist of internal
evaluation procedures, examination of program data, special analyses, on-site
checking, formal audit examinations, or any other reasonable procedures. All such
monitoring shall be performed in a manner that will not unduly interfere with
agreement work.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Social Services or designee may exercise the following remedial
actions should s/he find the Contractor substantially failed to satisfy the scope of
work found in this Agreement. Substantial failure to satisfy the scope of work shall
be defined to mean incorrect or improper activities or inaction by the Contractor.
These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or
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 no value to the
Social Services. Denial of the amount of payment shall be reasonably related
to the amount of work or deliverables lost to Social Services;
d. terminate the Agreement for cause given 30 day written notice if the
Contractor fails to successfully execute a corrective action plan as prescribed
in writing:
1. In the event this Agreement is terminated for cause, final payment to
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CONTRACT NO: FY98-ESG-4002
the Contractor may be withheld at the discretion of Social Services
until completion of final audit
e. incorrect payment to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from
subsequent payments under this Agreement or other agreements between
Social Services and the Contractor, or by Social Services as a debt due to
Social Services or otherwise as provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from time
to time designate in writing a new or substitute representative(s):
For Social Services: For the Contractor:
Jim Sheehan, Director WCHA Mary Orleans, Director
•
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: Judy A. Griego, Director To: Mary Orleans, Director
Weld County Department of Social Services Catholic Community Services, Inc
P.O. Box A 1311 11th Street
Greeley, CO 80632 Greeley, CO 80632
12. Litigation •
The Contractor shall promptly notify Social Services in the event that the
Contractor learns of any actual litigation in which it is a party defendant in a case
which involves services provided under this Agreement. The Contractor, with five
(5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall
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CONTRACT NO: FY98-ESG-4002
deliver copies of such document(s) to the Social Services' Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty (30)
days written notice and is subject to the availability of funding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified except as stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS CATHOLIC CHARITIES N RTHEN
Constance . Harbert, Chair (07/27/98) Jerry Kiefer, Pr sident
Attest /,,,,, . / ��: . .r1 Attest
Weld C;unt Clerk to t : i 4
By:
Deputy Clerk L ad 4''
'`Nt't,I
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CONTRACT NO: FY98-ESG-4002
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists:
A. Emergency shelter services, in accordance with the Stewart B. McKinney Act, Emergency
Shelter Grant (ESG), to help improve the quality of emergency shelter services of the
homeless. ESG funds may by used for the following activities relating to shelter services,
for the homeless:
1) Developing and implementing homeless prevention activities including, but
not limited to short-term subsidies to defray rent, mortgage, and/or utility
arrearages, security deposits or first month's rent, and mediation/legal
services.
2) Rehabilitation of existing building, including improvements to increase the
efficient use of energy in buildings. (Rehabilitation means labor, materials,
tools and other costs of improving building, including repair directed
toward accumulation of deferred maintenance; replacement of principal
fixtures and components of existing building; installation of security devices
and improvement through alterations or additions.)
3) Payment of shelter maintenance, operations, (including administration but
excluding staffing costs) rent, repair, security. fuels and equipment,
insurance, utilities and furnishings.
4) Provisions of essential services, including (but not limited to) services
concerned with employment, health, substance abuse, education, or food,
including staff necessary to provide such services. Grant amounts provided
may be used to provide essential services only if the service is (1) new
service, or (b) a quantifiable increase in the level of essential services
provided with local funds during the 12 months before the Contractor
received its ESG grant.
B. Homeless services, in accordance with the Stewart B. Mc Kinney Homeless
Assistance Act (HAA) of 1987, to enable homeless individuals to make the
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CONTRACT NO: FY98-ESG-4002
Exhibit A, Continued
transition out of poverty.
2. Definition of Homeless Individuals
For the purposes of finding under the ESG, the term "homeless" or "homeless" individual
includes:
a. An individual who lacks a fixed, regular and adequate nighttime residence that is--
(1) A supervised publicly or privately operated shelter designed to provide temporary
living accommodations (including welfare hotels, congregate shelters and
transitional housing for the mentally ill); or
(2) an institution that provides a temporary residence for individuals intended to be
institutionalized; or
(3) a publicly or private place not designed for, or ordinarily used as a regular sleeping
accommodation for human beings.
3. Performance Goals
The Contractor shall meet the overall performance standard as established in the ESG
plans. The Contractor shall meet specific performance goals as follows:
A. Provide 10,000 nights of shelter and 20,000 meals for 1,000 homeless people
including 80 families.
1) manintain a clean safe environment for homeless people.
2) maintain staff training to provide needed services for homeless clients.
B. Assist homeless families and individuals in moving toward self- sufficiency.
1) Continue case management services to Weld Information and Referral
Services and Weld County Job Service
2) Work with 30 families each year on a case management plan.
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951/A814
CONTRACT NO: FY98-ESG-4002
Exhibit A, Continued
3) Provide follow-up services for families participating in casemanagement
after they have left the shelter.
C. Develop adequate resources to continue shelter services
1) Continue to documenting and reporting of shelter and case management
statistics
2) Work with Weld County, City of Greeley, United Way, InterAgency
Strategic Planning Committee and shelter providers to develop ways to
generate revenue to operate the shelter
3) Develop financial support through grant writing and continued contact with
organizations and businesses in the community.
4) Have two fundraising events during the year.
5) Continue to develop in-kind resources.
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 Three Hundred and Nineteen Dollars ($13,319.00) . All funds shall be
used for operating costs and Essential Services as follows
Operation Cost Categories
Utilities(Electricity, Gas, Water/Sewer and Telephone $6,934
Supplies and Equipment 4,000
Repairs/Maintanance 1273
Operation Cost Total $12,207
Essential Services
Case Management $1,112
TOTAL $13,319
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CONTRACT NO: FY98-ESG-4002
Exhibit A Continued
The method and time of payment shall be made in accordance with the "Payment
Method" set forth herein.
5. Payment Schedule
Interim payments to be made upon submission of appropriate documentation
which include designated narrative reports and invoices. The contractor may request
reimbursement every 30 days.
6. Contract Monitoring
Weld County Department of Social Services will monitor the Project on an as needed
basis.
7. Reporting Schedule
The Contractor will submit a single financial and program narrative report detailing the
progress of the Project. Interim financial and program reports will be required quarterly
by Weld County Department of Social Services and are due no later than the fifth of the
following month. Program reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any improvements.
Page 4 of 4
937 A 514
CONTRACT NO: FY97-ESG-4002
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
Page 1 of 3
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CONTRACT NO: FY97-ESG-4002
Exhibit B, Continued
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 business hours, have access to inspect any copy records, and
shall be allowed to monitor and review through on-site visits, all contract activities,
supported with funds under this Agreement to ensure compliance with the terms of this
Agreement. Contracting parties agree that monitoring and evaluation of the performance
of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
11. The Contractor certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal Loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or 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:
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CONTRACT NO: FY97-ESG-4002
Exhibit B, Continued
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;
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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CONTRACT NO: FY98-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 CQr- day of ,ILA , 1998, by and between the
Board of County Commissioners, on behalf of the Weld County Department olSocial 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 FY98-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 1998 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
Page 1 of 6
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CONTRACT NO: FY98-ESG-4001
This Contract shall become effective upon proper execution of this Agreement and its term shall
begin , 1998 and shall expire June 30, 1999. 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, 1999.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year ESG Plan, in accordance with policies and procedures
developed by the Social Services. In consideration for the monies and negotiated funding and
programmatic criteria to be received from Social Services,the Contractor shall do,perform, and carry
out in a satisfactory and proper manner, as determined by the Social Services, all work elements as
indicated in the"Scope of Services and Payment Schedule," set forth in the attached Exhibit A,which
is attached hereto and incorporated herein by reference,hereinafter referred to as the"Project." Work
performed prior to the execution of this Contract shall not be considered part of this Project.
3. Funding and Method of Payment
Social Services agrees to pay to the Contractor,in consideration for the work and services performed,
a total amount not to exceed Fifteen Thousand Eight Hundred and Fifty-Five($15,855.00).
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: FY98-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 sources, the Contractor, and Social Services. The results of the monitoring and evaluation
shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit the Colorado Department of Local Affairs, the U.S. Department of
Housing and Urban Development, and any other duly authorized agent or governmental agency, to
monitor all activities conducted by the Contractor pursuant to the terms of this Agreement. As the
monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may
consist of internal evaluation procedures, examination of program data, special analyses, on-site
checking,formal audit examinations,or any other reasonable procedures.
All such monitoring shall be performed in a manner that will not unduly interfere with agreement
work.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Social Services or designee may exercise the following remedial actions should s/he
Page 3 of 6
CONTRACT NO: FY98-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, fmal payment to the Contractor may be withheld at the
discretion of Social Services until completion of final audit
e. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from the Contractor by deduction from subsequent payments under this Agreement
or other agreements between Social Services and the Contractor, or by Social Services as a
debt due to Social Services or otherwise as provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in writing a
new or substitute representative(s):
For Social Services: For the Contractor:
Jim Sheehan,Director Linda Akers,Executive Director
Name Title Name Title
Page 4 of 6
CONTRACT NO: FY98-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 subject to the availability of funding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire understanding between
the parties with respect to the subject matter hereof, and may not be changed or modified except as
stated in Paragraph 10 herein.
Page 5 of 6
CONTRACT NO: FY98-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
g --.1-Zti11C-L, .1n/4A-di iiiatatle
Constance L. Harbert, Chair (07/27/98) Marty Ariano,President
it rr
ATTEST: Lill :ettrt�if��� ATTEST:
'y
Weld County Clerk to the :ar'By: Q) �,
. 'Sc, S
Deputy Clerk O W
viuN
Page 6 of 6
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:
1) Developing and implementing homeless prevention activities including, but not limited to
short-term subsidies to defray rent, mortgage, and/or utility arrearages, security deposits or
first month's rent,and mediation/legal services.
2) Rehabilitation of existing building, including improvements to increase the efficient use of
energy in buildings. (Rehabilitation means labor,materials,tools and other costs of improving
building,including repair directed toward accumulation 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 but excluding staffing
costs)rent,repair,security. fuels and equipment,insurance,utilities and furnishings.
4) Provisions of essential services, including (but not limited to) services concerned with
employment,health, substance abuse,education, or food, including staff necessary to provide
such services. Grant amounts provided may be used to provide essential services only if the
service is (1) new service, or (b) a quantifiable increase in the level of essential services
provided with local funds during the 12 months before the Contractor received its ESG grant.
B. Homeless services,in accordance with the Stewart B. Mc Kinney Homeless Assistance Act(HAA)of 1987,
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 term"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
Page 1 of 4
98))8'/
CONTRACT NO: FY98-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. Emergency/Self-Sufficiency Program
1. To provide emergency shelter and self-sufficiency program to forty-five (35)
families between July 1, 1998 and June 30, 1998..
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 funding sources in
meeting the needs of homeless families, preventing duplication of services, and
promoting high standards of performance.
B. Follow-up Prevention Program
1. 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
Page 2 of 4
CONTRACT NO: FY98-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 Fifteen Thousand Eight Hundred and Fifty-
Five ($15.855.002. 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 $2,721.00
Utilities(Electricity,Gas, Water/Sewer and Telephone 5,453.00
Insurance 1,440.00
Repairs and Maintenance 647.00
Essential Services
Case Management 3,428.00
Transportation 1,166.00
Homeless Prevention
Security Deposits 1,000.00
TOTAL $15,855.00
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.
Page 3 of 4
91/di'I
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 financial 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.
Page 4 of 4
CONTRACT NO: FY98-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
Page 1 of 3
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;
Page 2 of 3
qg/aaV
CONTRACT NO: FY98-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.
Page 3 of 3
CONTRACT NO: FY98-ESG-4005
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN HOUSING AUTHORITY OF THE CITY OF GREELEY. AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this a?lk day of 1998, by
and between the Board of County Commissioners, on behalf of the Weld Co ty Department of
Social Services, hereinafter referred to as "Social Services," and "Housing Authority of the City
of Greeley., 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 FY98-ESG-4005; 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 1998 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
WHEREAS, the parties hereto desire to work together for the express purpose of
Page 1 of 6
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CONTRACT NO: FY98-ESG-4005
continuing the availability of food to Weld County homeless and their families.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Term
This Contract shall become effective upon proper execution of this Agreement
and shall begin , 1998 and shall expire June 30, 1999. 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 occuf
no later than the termination date of June 30, 1999.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year ESG Plan, in accordance with policies
and procedures developed by the Social Services. In consideration for the monies
and negotiated funding and programmatic criteria to be received from Social
Services, the Contractor shall do, perform, and carry out in a satisfactory and
proper manner, as determined by the Social Services, all work elements as
indicated in the "Scope of Services and Payment Schedule," set forth in the
attached Exhibit A, which is attached hereto and incorporated herein by reference,
hereinafter referred to as the "Project." Work performed prior to the execution of
this Contract shall not be considered part of this Project.
3. Funding and Method of Payment
Social Services agrees to pay to the Contractor, in consideration for the work and
services performed, a total amount not to exceed Four Thousand Eight Hundred
and Forty-One Dollars($4,841.00).
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 ESG must conform to the Single Audit Act of 1984 and OMB
Page 2 of 6
9�/: 89/
CONTRACT NO: FY98-ESG-4005
Circular A-128.
5. Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of
services performed for costs incurred in the performance of this
Agreement.
b. Social Services may withhold any payment if the Contractor has failed to
comply with the Financial Management Requirements, program
objectives, contractual terms, or reporting requirements. •
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit B,
which is attached hereto and incorporated herein by reference.
7. Program Reports
a. Monthly Programmatic Status Report The Contractor shall submit to the
Department one(1) copy of the quartely programmatic status report in the
manner prescribed by Social Services.
b. Performance Reports The Contractor shall submit to the Department one
(1) copy of quarterly 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 sources, the Contractor, and Social
Services. The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners.
The Contractor shall permit the Colorado Department of Local Affairs, the U.S.
Department of Housing and Urban Development, and any other•duly authorized
agent or governmental agency, to monitor all activities conducted by the
Contractor pursuant to the terms of this Agreement. As the monitoring agency
may in its sole discretion deem necessary or appropriate, such monitoring may
consist of internal evaluation procedures, examination of program data, special
analyses, on-site checking, formal audit examinations, or any other reasonable
Page 3 of 6
CONTRACT NO: FY98-ESG-4005
procedures. All such monitoring shall be performed in a manner that will not
unduly interfere with agreement work.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Social Services or designee may exercise the following remedial
actions should s/he find the Contractor substantially failed to satisfy the scope of
work found in this Agreement. Substantial failure to satisfy the scope of work
shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or
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:
1. In the event this Agreement is terminated for cause, final payment
to the Contractor may be withheld at the discretion of Social
Services until completion of final audit
e. incorrect payment to the Contractor due to omission, error, fraud, and/or
Page 4 of 6
9y/ �/
CONTRACT NO: FY98-ESG-4005
defalcation shall be recovered from the Contractor by deduction from subsequent
payments under this Agreement or other agreements between Social Services and
the Contractor, or by Social Services as a debt due to Social Services or otherwise
as provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from
time to time designate in writing a new or substitute representative(s):
•
For Social Services: For the Contractor:
Jim Sheehan. Director WCHA Thomas Teixeira. Executive Director
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: Judy A. Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
To: Thomas Teixeira, Director
Housing Authority of the City of Greeley
2448 -1st Ave.
Greeley, CO 80632
12. Litigation
The Contractor shall promptly notify Social Services in the event that the
Contractor learns of any actual litigation in which it is a party defendant in a case
which involves services provided under this Agreement. The Contractor, with
five(5) calendar days after being served with a summons, complaint, or other
pleading which has been filed in any federal or state court or administrative
agency, shall deliver copies of such document(s)to the Social Services' Director.
Page 5 of 6
CONTRACT NO: FY98-ESG-4005
The term "litigation" includes an assignment for the benefit of creditors, and
filings in bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty(30)
days written notice and is subject to the availability of funding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire •
understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified except as stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
BOARD OF WELD COUNTY HOUSING AUTHORITY OF THE
CO SSIONERS \\�OF G
Constance L. Harbert, Chairman e , r
(07/27/98)
ATTEST: /, �1 ., /; ATTEST:
Weld County Clerk to the :P 3}, ,.f(a�`
.
B / I 6
Deputy Clerk
02
•
Page 6 of 6
98/.. S`/
CONTRACT NO: FY98-ESG-4005
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists:
A Emergency shelter services, in accordance with the Stewart B. McKinney Act,
Emergency Shelter Grant(ESG), to help improve the quality of emergency shelter
services of the homeless. ESG funds may by used for the following activities relating to
shelter services for the homeless:
1) Developing and implementing homeless prevention activities including,
but not limited to short-term subsidies to defray rent, mortgage, and/or
utility arrearages, security deposits or first month's rent, and
mediation/legal services.
2) Rehabilitation of existing building, including improvements to increase
the efficient use of energy in buildings. (Rehabilitation means labor,
materials, tools and other costs of improving building, including repair
directed toward accumulation of deferred maintenance; replacement of
principal fixtures and components of existing building; installation of
security devices and improvement through alterations or additions.)
3) Payment of shelter maintenance, operations, (including administration but
excluding staffing costs) rent, repair, security. fuels and equipment,
insurance, utilities and furnishings.
447,
4) Provisions of essential services, including (but not limited to) services
concerned with employment, health, substance abusee$ucation, or food,
fis
including staff necessary to provide such services. Grant amounts
provided may be used to provide essential services only tfthe service is
(1) new service, or(b) a quantifiable increase in the level of essential
services provided with local funds during the 12 months before the
Contractor received its ESG grant.
B. Homeless services, in accordance with the Stewart B. Mc Kinney Homeless
Assistance Act (HAA) of 1987, to enable homeless individuals to make the
transition out of poverty.
2. Definition of Homeless Individuals
For the purposes of finding under the ESG, the term "homeless" or "homeless"
Page 1 of 3
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CONTRACT NO: FY98-ESG-4005
Exhibit A, Continued
individual includes:
a. An individual who lacks a fixed, regular and adequate nighttime residence that is--
(1) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare hotels, congregate shelters
and transitional housing for the mentally ill); or
(2) an institution that provides a temporary residence for individuals intended to be
institutionalized; or
(3) a publicly or private place not designed for, or ordinarily used as a regular
sleeping accommodation for human beings.
3. Performance Goals
The Contractor shall meet the overall performance standard as established in the ESG
plans. The Contractor shall meet specific performance goals as follows:
A. Homeless Prevention Goals
1. Provide rental assistance or utility assistance or back mortgage payments
to 24 qualified clients
2. All (24) clients will be referred to Consumer Credit Counselling Service
of Northern Colorado.
3. Supportive service referrals will be provided to 24 clients based on the
needs of the individual client.
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
Four Thousand Eight Hundrd and Forty-One Dollars($4,841.00). 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 Essential Services and Homeless Prevention as follows
Page 2 of 3
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CONTRACT NO: FY98-ESG-4005
Exhibit A, Continued
Homeless Prevention Services
Rental Assistance $4.841,00
TOTAL $4.841.00
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.
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 financial and program narrative report detailing the
progress of the Project. Interim financial and program reports will be required monthly
by Weld County
Department of Social Services and are due no later than the fifth of the following month.
Program reports shall describe and evaluate any difficulties encountered in
accomplishing the specifics of the Project and suggest any improvements.
•
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CONTRACT NO: FY98-ESG-4005
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 Tide 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.
Page 1 of 2
CONTRACT NO: FY98-ESG-4005
Exhibit B, Continued
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will
provide accurate, current, separate, and complete disclosure of the status of the funds
received under the Agreement are maintained for three(3)years or the completion and
resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,
and State auditors and representative to audit and monitor the Contractor.
9. The Contractor assures that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect any copy records, and
shall be allowed to monitor and review through on-site visits, all contract activities,
supported with funds under this Agreement to ensure compliance with the terms of this
Agreement. Contracting parties agree that monitoring and evaluation of the performance
of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
11. The Contractor certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal Loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or 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;
Page 1 of 2
CONTRACT NO: FY98-ESG-4005
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.
•
Page 2 of 2
CONTRACT NO: FY98-ESG-4003
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN A WOMAN'S PLACE, INC. AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this 27 IL' day of 1998, by
and between the Board of County Commissioners, on behalf of the Weld ounty Department
of Social Services, hereinafter referred to as "Social Services," and "A Woman's Place, Inc.,"
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 FY98-ESG-4003; 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 1998 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
Page 1 of 6
CONTRACT NO: FY98-ESG-4003
County; and
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term
This Contract shall become effective and shall expire June 30,
1999. 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, 1999.
2. Scone 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 Nine Thousand Two Hundred
and Ten ($9,210.00). 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
Page 2 of 6
9f/dSV
CONTRACT NO: FY98-ESG-4003
expended under ESG must conform to the Single Audit Act of 1984
and OMB Circular A-128.
5. Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of
services performed for costs incurred in the performance of this
Agreement.
b. Social Services may withhold any payment if the Contractor has failed
to comply with the Financial Management Requirements, program
objectives, contractual terms, or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit
B, which is attached hereto and incorporated herein by reference.
7. Program Reports
a. Monthly Programmatic Status 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 sources, the Contractor, and Social
Services. The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners.
Page 3 of 6
CONTRACT NO: FY98-ESG-4003
The Contractor shall permit the Colorado Department of Local Affairs, the U.S.
Department of Housing and Urban Development, and any other duly authorized
agent or governmental agency, to monitor all activities conducted by the
Contractor pursuant to the terms of this Agreement. As the monitoring agency
may in its sole discretion deem necessary or appropriate, such monitoring may
consist of internal evaluation procedures, examination of program data, special
analyses, on-site checking, formal audit examinations, or any other reasonable
procedures. All such monitoring shall be performed in a manner that will not
unduly interfere with agreement work.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both
parties.
10. Remedies
The Director of Social Services or designee may exercise the following remedial
actions should s/he find the Contractor substantially failed to satisfy the scope of
work found in this Agreement. Substantial failure to satisfy the scope of work
shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or
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
Page 4 of 6
.
CONTRACT NO: FY98-ESG-4003
deliverables lost to Social Services;
d. terminate the Agreement for cause given 30 day written notice if the
Contractor fails to successfully execute a corrective action plan as
prescribed in writing:
1. In the event this Agreement is terminated for cause, final payment
to the Contractor may be withheld at the discretion of Social
Services until completion of final audit
e. incorrect payment to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from
subsequent payments under this Agreement or other agreements between
Social Services and the Contractor, or by Social Services as a debt due
to Social Services or otherwise as provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from
time to time designate in writing a new or substitute representative(s):
For Social Services: For the Contractor:
Jim Sheehan, Director WCHA Sharon Mitchell, Executive Director
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: Judy A. Griego,Director To: A Woman's Place, Inc..
Weld County Department of Social Services P.O.Box 71
P.O.Box A Greeley,CO 80632
Greeley,CO 80632
Page 5 of 6
CONTRACT NO: FY98-ESG-4003
12. Litigation
The Contractor shall promptly notify Social Services in the event that the
Contractor learns of any actual litigation in which it is a party defendant in a case
which involves services provided under this Agreement. The Contractor, with
five (5) calendar days after being served with a summons, complaint, or other
pleading which has been filed in any federal or state court or
administrative agency, shall deliver copies of such document(s) to the Social
Services' Director. The term "litigation" includes an assignment for the benefit
of creditors, and filings in bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty (30)
days written notice and is subject to the availability of finding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified except as stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS A WOMAN'S PLACE, INC.
� , etz," /
Constance L. arbert, Ch.'r (0 /27/98) Bob Smith, President
ATTEST: ►� �t' a: I Attest
Weld C unty Clerk to the .o.
�86T , ,.,,�� _
By: G . iI ;12 . . .s� . � '
Deputy Clerktfr-
1/41/4l �` '
1/44 1N
Page 6 of 6
CONTRACT NO: FY98-ESG-4003
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists:
A. Emergency shelter services, in accordance with the Stewart B, McKinney Act,
Emergency Shelter Grant (ESG), to help improve the quality of emergency shelter
services of the homeless. ESG funds may by used for the following activities relating to
shelter services for the homeless:
1) Developing and implementing homeless prevention activities including,
but not limited to short-term subsidies to defray rent, mortgage, and/or
utility arrearages, security deposits or first month's rent, and
mediation/legal services.
2) Rehabilitation of existing building, including improvements to increase
the efficient use of energy in buildings. (Rehabilitation means labor,
materials, tools and other costs of improving building, including repair
directed toward accumulation of deferred maintenance; replacement of
principal fixtures and components of existing building; installation of
security devices and improvement through alterations or additions.)
3) Payment of shelter maintenance, operations, (including administration
but excluding staffing costs) rent, repair, security. fuels and equipment,
insurance, utilities and furnishings.
4) Provisions of essential services, including (but not limited to) services
concerned with employment, health, substance abuse, education, or food,
including staff necessary to provide such services. Grant amounts
provided may be used to provide essential services only if the service is
(1) new service, or (b) a quantifiable increase in the level of essential
services provided with local funds during the 12 months before the
Contractor received its ESG grant.
Page 1 of 4
CONTRACT NO: FY98-ESG-4003
Exhibit A, Continued
B. Homeless services, in accordance with the Stewart B. Mc Kinney
Homeless Assistance Act (HAA) of 1987, to enable homeless
individuals to make the transition out of poverty.
2. Definition of Homeless Individuals
For the purposes of funding under the ESG, the term "homeless" or "homeless"
individual includes:
a. An individual who lacks a fixed, regular and adequate nighttime residence that
is--
(1) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare hotels, congregate shelters
and transitional housing for the mentally ill); or
(2) an institution that provides a temporary residence for individuals intended to be
institutionalized; or
(3) a publicly or private place not designed for, or ordinarily used as a regular
sleeping accommodation for human beings.
3. Performance Goals
The Contractor shall meet the overall performance standard as established in the ESG
plans. The Contractor shall meet specific performance goals as follows:
A. Operation Costs
1. Emergency response via 24- hour crisis phone line.
2. 1000 crisis and/or counselling calls handled by staff.
3. 90 emergency intakes for safe housing.
4. 1500 non-crisis advocacy phone calls handled by staff and
volunteers
Page 2 of 4
CONTRACT NO: FY98-ESG-4003
Exhibit A, Continued
5. 3800 nights of safe housing for 90 adult victims of domestic
violence and their 135 children.
6. 1000 individual counselling sessions.
7. 800 therapeutic group counselling sessions.
8. 75 community presentations on the issues of domestic violence and the
resulting problem of homelessness
B. Essential Services
1. to assist at least 30 victims of domestic violence and their
children to:
a. move into permanent housing independent of the abuser;
and
b. access appropriate resources and/or services including
Aid to Families with dependent Children, Food Stamps,
medical services, psychological counselling, employment
counselling, and other services as needed.
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
Nine Thousand Two Hundred and Ten($9,210.00). All funds shall be used for operating
costs and Essential Services as follows
Operation Cost Categories
Utilities(Electricity, Gas, Water/Sewer and Telephone $2,613.00
Repair/Maintenance 312.00
Insurance 1,560.00
Page 3 of 4
•
CONTRACT NO: FY98-ESG-4003
Exhibit A(Continued)
Essential Services
Case Management $4,725.00
TOTAL $6,000.00
The method and time of payment shall be made in accordance with the "Payment
Method" set forth herein.
5. Payment Schedule
Interim payments to be made upon submission of appropriate documentation which
include designated narrative reports and invoices. The contractor may request
reimbursement every 30 days.
6. Contract Monitoring
Weld County Department of Social Services will monitor the Project on an as needed
basis.
7. Reporting Schedule
The Contractor will submit a single financial and program narrative report detailing the
progress of the Project. Interim financial and program reports will be required monthly
by Weld County Department of Social Services and are due no later than the fifth of the
following month. Program reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any improvements.
Page 4 of 4
CONTRACT NO: FY98-ESG-4003
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
Page 1 of 3
CONTRACT NO: FY98-ESG-4003
EXHIBIT B
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 business hours, have access to inspect any copy records, and
shall be allowed to monitor and review through on-site visits, all contract activities,
supported with funds under this Agreement to ensure compliance with the terms of this
Agreement. Contracting parties agree that monitoring and evaluation of the performance
of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
11. The Contractor certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal Loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or 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:
Page 2 of 3
CONTRACT NO: FY98-ESG-4003
Exhibit B, Continued
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a
Federal department or agency;
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.
Page 3 of 3
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