Loading...
HomeMy WebLinkAbout961186.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE EMERGENCY SHELTER GRANT CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, 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 a Emergency Shelter Grant Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the Colorado Department of Local Affairs, Division of Housing, commencing upon full and proper execution of said contract, and ending on or before June 30, 1997, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the Emergency Shelter Grant Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the Colorado Department of Local Affairs, Division of Housing, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 1996. �sr-0 BOARD OF COUNTY COM9SIONERs ',>--d-51 ea,,,,„ WELD COUNTY, COLORA At, f � .-J I JLA - Barbara J. Kirkmeyer, Chair J Weld Cgunty,Cler`k the Board / �> d ..� L ��x i-.xT< e E.Baxter, Pr -Te B : Deputy Clerk t t e Board Dale K. Hall AP V AS TO F (_ 4;,.. --- ee-ze--e-= Constance L. Harbe y ttorne droi P f W. ste 961186 CC= : SS; Smre SS0022 lam ; ( +O - . L. : fD Form 6-AC-02(R 5/96) #96-641 DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER O/O70 EMERGENCY SHELTER GRANT CONTRACT THIS CONTRACT, Made this faday of 1996, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVIS N HOUSING, 1313 Sherman Street,#323, Denver, Colorado 80203, hereinafter referred to as the State,and Weld County)Post Office Box A. Greeley. Colorado,80632 , hereinafter referred to as the Contractor. WHEREAS,authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient 1un1^en^c�umbered balance thereof remains avail ble f r p�ayment'n Fund Number 100 ,Appropriation Code Co 57 , Org. No. 4C.A$, Contract Encumbrance Number ff9�6Wel /;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 the 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 operating emergency shelters and of providing essential social services to homeless 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. WHEREAS,the State of Colorado has elected to administer such federal funds for the State through the Department of Local Affairs, Division of Housing pursuant to C.R.S. 1973,24-32-705(1)(i);and WHEREAS, the State of Colorado has received its 1996 Emergency Shelter Grant Program Funds under Grant ST96- DC-08-0001 ,funds awarded to states are governed by the provisions of P.L. 100-404 and P.L. 100-628; and WHEREAS,the division has received applications from political subdivisions and private nonprofit organizations in Colorado for allocations from the federal ESG funds available to Colorado;and WHEREAS,the Contractor is one of the eligible political subdivisions or private nonprofit organizations to receive ESG funds;and NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the state,the Contractor shall do, perform,and carry out, in a satisfactory and proper manner,as determined by the State,all work elements as indicated in the"Scope of Services,"set forth in Exhibit A,which is attached hereto and is incorporated herein by reference, and is hereafter referred to as the"Project?Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator.The performance of the services required hereunder shall be under the direct supervision of Jim Sheehan,an employee or agent of Contractor,who is hereby designated as the administrator-in-charge of this Project.At any time the administrator-in-charge is not assigned to this Project,all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. 3. Time of Performance.This Contract shall become effective upon proper execution of this Contract.The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services.The Contractor agrees that time is of the essence in the performance of its obligations under this Contract,and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. Page 1 of 13 Pages 961186 4. Eligible Activities. All project activities shall be eligible under Subpart B,§576.21(a)and all related regulations and requirements. Project activities shall be one or more of the following indicated(with a"X"): X homeless prevention which includes the development and implementation of activities including,but not limited to short-term subsidies to defray rent,mortgage,or utility arrearages,security deposits or first month's rent, and mediation and or legal services; X operations which includes the payment of shelter maintenance, rent,repairs,security, equipment, insurance, utilities,and furnishings; staff operations which may include salary,wages,fringe benefits,and insurance costs for agency staff necessary to the operation of the program. X essential services which includes,but is not limited to,services concerned with employment, health, substance abuse,education,or food, including staff necessary to provide such services.ESG monies provided may be used to provide these essential services only if the service is a new service or a quantifiable increase in the level of essential services provided with local funds during the twelve(12)months before the Contractor received its initial ESG grant; and _ rehabilitation of existing buildings, including improvements to increase the efficient use of energy in building. Rehabilitation includes labor, materials,tools,and other costs of improving buildings.This includes repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing buildings, installation of security devices and improvements which include alteration or additions to the existing building. 5. Ineligible activities. ESG funds may not be used for: a) acquisition or construction of an emergency shelter for the homeless; b) rehabilitation services, such as preparation of work specifications, loan processing,or inspections. 6. Limitation to Particular Funds.The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore,the Contractor expressly understands and agrees that all its rights,demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State,the State many immediately terminate this Contract. 7. Obligation. Expenditure and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are not eligible ESG expenditures and shall not be reimbursed by the State. b) Environmental Review Procedures.Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures for the ESG program at 24 CFR Part 58 until such release is issued in writing.Administrative costs,reasonable engineering and design costs,and costs of other exempt activities identified in 24 CFR 58.34(a)(1)through(8)do not require a release of funds by the State. For categorically excluded activities listed in 58.35(a)determined to be exempt because there are no circumstances which require compliance with any other Federal laws and authorities cited at 58.5,the Contractor must make and document such a determination of exemption prior to incurring costs for such activities. 8. Definition of Homeless Persons. Homeless persons are defined,for the purposes of this Contract,as those persons which lack a fixed, regular,and adequate nighttime residence or a person or family who have a primary nighttime residence that is: a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare, hotels,congregate shelters,and transitional housing for persons with mental illness); b) an institution that provides a temporary residence for individuals intended to be institutionalized;or, c) a public or private place not designed for,or ordinarily used as a regular sleeping accommodation for human beings. Page 2 of 13 Pages 961186 • 9. Compensation and Method of Payment.The State agrees to pay to the Contractor, in consideration for the work and services to be performed,a total amount not to exceed Thirty Four Thousand One Hundred Ten and No/100 Dollars. ($34.110) .The method and time of payment shall be made in accordance with the"Payment Method"set forth herein. 10. 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 Exhibit A, Scope of Services. 11. Payment Method. Unless otherwise provided in the Scope of Services: a) The Contractor shall periodically initiate all drawdown requests by submitting to the Department a written request using the State-provided form,for reimbursement of actual and proper expenditures of State ESG funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the applicable administrative requirements,cost principles,and financial requirements of paragraph 8 above, program objectives,contractual terms,or reporting requirements. c) The state may withhold payment of the final five(5)percent of the total Contract amount until the Contractor has submitted and the Department has accepted all required Financial Status Report and Performance Report information. 12. Audit. a) Discretionary Audit The State,through the Executive Director of the Department,the state Auditor, or any of their duly authorized representatives,including an independent Certified Public Accountant of the state's choosing,or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine,and audit the contractor's(and any subcontractor's)records,books,accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five(5)years after the date final payment for this project is received by the contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit Whether or not the state calls for a discretionary audit as provided above,the Contractor shall include the project in an annual audit report as required by the Colorado Local Govemment Audit Law, C.R.S. 1973, 29-1-601,et seq and the Single Audit Act of 1984, Pub. L.98-502,24 CFR Part 44, and federal and state implementing rules and regulations.Such audit reports shall be simultaneously submitted to the department and the state auditor.Thereafter,the Contractor shall supply the department with copies of all correspondence from the state Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements,the department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973,29-1-607 or 29-1-608. 13. Contractor.An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied,to bind the state to any agreements,settlements,liability or understanding except as expressly set forth herein. 14. Personnel. The Contractor shall perform its duties hereunder as a Contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding,shall provide and keep in force worker's compensation(and show proof of such insurance)and unemployment compensation insurance in the amounts required by law,and shall be solely responsible for the acts of the Contractor,its employees and agents. The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law,and for providing such coverage for themselves. In no case is the State responsible for providing Workman's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this agreement,and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. • Page 3 of 13 Pages 961186 15. Contract Suspension. If the Contractor fails to comply with any contractual provision,the state may,after notice to the contractor,suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein.The state may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 16. Contract Termination.This Contract may be terminated as follows: a) Termination Due to Loss of Funding.The parties hereto expressly recognize that the Contractor is to be paid, reimbursed,or otherwise compensated with federal ESG funds provided to the state for the purpose of contracting for the services provided for herein,and therefore,the Contractor expressly understands and agrees that all its rights,demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the state. In the event that such funds or any part thereof are not received by the state,the state may immediately terminate or amend this Contract. b) Termination for Cause. If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract,or if the Contractor shall violate any of the covenants,agreements, or stipulations of this Contract,the state shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof,at least five(5)days before the effective date of such termination. In that event,all finished or unfinished documents,data, studies, surveys,drawings, maps, models,photographs,and reports or other material prepared by the Contractor under this Contract shall, at the option of the state, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above,the Contractor shall not be relieved of liability to the state for any damages sustained by the state by virtue of any breach of the Contract by the contractor,and the state may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the state from the Contractor is determined. c) Termination for Convenience.The state may terminate this Contract at any time the state determines that the purposes of the distribution of state ESG monies under the Contract would no longer be served by completion of the project.The state shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty(20)days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph(b)above shall, at the option of • the state, become its property. If the Contract is terminated by the state as provided herein,the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract,less payments of compensation previously made: Provided,however,that if less than sixty percent(60%)of the services covered by this Contract have been performed upon the effective date of such termination,the Contractor shall be reimbursed(in addition to the above payment)for that portion of the actual out-of-pocket expenses(not otherwise reimbursed under this Contract) incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the contractor, Paragraph 14.b) above relative to termination for cause shall apply. 17. Modification and Amendment. a) Modification by Operation of Law.This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Changes. This Contract has a simplified Change Letter Procedure for modifying this Contract for the following reasons: i) unless otherwise specified in the Scope of Services,when cumulative budgetary line item changes exceed ten (10) percent of the total contract amount or Two Thousand Dollars ($2,000.00)whichever is greater; Page 4 of 13 Pages 961186 • ii) when any budget transfers to or between administration budgetary categories are proposed; iii) when the scope, objective or completion date of the Project changes as determined by the Department; iv) when additional or less State funding is needed; v) when there are additional federal statutory or regulatory compliance changes to paragraph 21 of the Original Contract. Under such circumstances, the Departments approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph c). c) Change Letter Process. Contractor must submit a written request to the Department if programmatic or budgetary modifications are desired. Paragraph 9, Compensation and Method of Payment; paragraph 21, Compliance with Applicable Laws; and Exhibit A, Scope of Services, may be modified by Change Letters(in the form attached hereto), signed by the State and the Contractor. All modifications to this Contract are hereby incorporated herein by reference.A copy of all such Change Letters initiated per this subparagraph shall be provided to the Departments accounting office.All other modifications to this Contract must be accomplished through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 17d. d) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs b)and c)above,written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other state agencies appropriate, e.g. Attorney General, State Controller, etc. 18. Integration.This Contract,as written,with attachments and references,is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever,unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 19. Reports.The Contractor shall submit to the Department of Local Affairs financial status and performance reports in the manner and method prescribed in Exhibit A, Scope of Services. 20. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies,equipment,construction and services by the Contractor and its subcontractors, no employee,officer or agent of the Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest,real or apparent,would be involved. Such a conflict would arise when the employee, officer or agent;any member of his immediate family; his partner;or an organization which employs,or is about to employ,any of the above, has a financial or other interest in the party or firm selected for award. Officers,employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities,favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement In all cases other than procurement(including the provision of housing rehabilitation assistance to individuals,the provision of assistance to businesses,and the acquisition and disposition of real property),no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to ESG activities or who are in Page 5 of 13 Pages 961186 • • • a position to participate in a decision making process or gain inside information with regard to such activities,may obtain a personal or financial interest or benefit from the activity,or have an interest in any contract, subcontract or agreement with respect thereto,or the proceeds thereunder,either for themselves or those with whom they have family or business ties,during their tenure or for one year thereafter. i) Persons Covered.The conflict of interest provisions of this paragraph b)apply to any person who is an employee,agent,consultant,officer,or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving ESG funds. ii) Threshold Requirements for Exceptions. Upon the written request of the contractor,the state may grant an exception to the provisions of this subparagraph b)when it determines that such an exception will serve to further the purposes of the ESG program and the effective and efficient administration of the contractors project.An exception may be considered only after the Contractor has provided the following: a. A disclosure of the nature of the conflict,accompanied by an assurance that: • i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made;and ii. the affected person has withdrawn from his or her functions or responsibilities,or the decision making process with respect to the specific ESG assisted activity in question; and b. An opinion of the contractors attorney that the interest for which the exception is sought would not violate state or local law;and c. A written statement signed by the chief elected official or executive director of the Contractor holding the state harmless from all liability in connection with any exception which may be granted by the state to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph i)above, the state shall consider the cumulative effect of the following factors,where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the ESG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); e. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict;and f. Any other relevant considerations. 21. Compliance with Aoolicable Laws.At all times during the performance of this Contract,the Contractor and any subcontractors shall strictly adhere to all applicable federal and state laws,orders,and all applicable standards, regulations,interpretations or guidelines issued pursuant thereto.The applicable federal laws and regulations include: Page 6 of 13 Pages 961186 a) National Environmental Policy Act of 1969(42 USC 4321 et seq.),as amended,and the implementing regulations of HUD(24 CFR Part 58)and of the Council on Environmental Quality(40 CFR Parts 1500-1508)providing for establishment of national policy,goals,and procedures for protecting,restoring and enhancing environmental quality. b) The Lead-Based Paint Poisoning Prevention Act—Title IV(42 USC 4821)prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance,and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. c) Section 109 of the Housing and Community Development Act of 1974(42 USC 5309),as amended,providing that no person shall be excluded from participation(including employment),denied program benefits or subjected to discrimination on the basis of race,color, national origin or sex under any program or activity funded in whole or in part under Title I(Community Development)of the Act. d) Title VI of the Civil Rights Act of 1964(Pub. L.88-352;42 USC 2000(d))prohibiting discrimination on the basis of race,color,or national origin in any program or activity receiving federal financial assistance. e) Title VIII of the Civil Rights Act of 1968 (Pub. L.90-284;42 USC 3601),as amended, popularly known as the Fair Housing Act,prohibiting housing discrimination on the basis of race,color,religion, sex,or national origin,and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. Executive Order 11246(1965),as amended by Executive Orders 11375 and 12086, prohibiting discrimination on the basis of race, color,religion,sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of$2,000. g) Executive Order 11063(1962),as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race,color, religion,sex or national origin in the sale or rental of housing built with federal assistance. h) Section 504 of the Rehabilitation Act of 1973(29 USC 793),as amended,providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment),denied program benefits or subjected to discrimination under any program or activity receiving federal funds. i) Age Discrimination Act of 1975, (42 USC 6101),as amended,providing that no person shall be excluded from participation,denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. j) Debarred,Suspended,or Ineligible Contractors, (24 CFR,part 24),requiring that for procurement of property, non personal services,Contractor shall evaluate past performance of participants in programs administered by the Department of Housing and Urban Development,as well as other relevant aspects of the record and status of the participants,by consulting with HUD's"Consolidated List of Debarred, Suspended,and Ineligible Contractors and Grantee." k) Copeland"Anti-Kickback"Act of 1934(40 USC 276(c))prohibiting and prescribing penalties for "kickbacks"of wages in federally-financed or assisted construction activities. I) Unless otherwise provided for in Exhibit A, Scope of Services,this contract is subject to the following: Section 3 of the Housing and Community Development Act of 1968(12 U.S.C. 1701 (u)),as amended. i) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 (u)(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to very low-and low-income persons, particularly persons who are recipients of HUD assistance for housing. Page 7 of 13 Pages 961186 ii) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. iii) The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the Contractors commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the persons)taking applications for each of the positions;and the anticipated date the work shall begin. iv) The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135((Paragraph 23 t)i)-23 t)vii)of this contract)), and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. v) The Contractor will certify that any vacant employment positions, including training positions, that are filled(1)after the Contractor is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed,were not filled to circumvent the Contractors obligations under 24 CFR Part 135. vi) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sancitons,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. m) Applicant Certifications.The Contractor certifies that it will comply and ensure compliance by non-profit corporations to which it distributes funds under the Emergency Shelter Grants Program with: i) Use as an Emergency Shelter Section 424 of the McKinney Act specifies that an ESG recipient using program funds to provide essential services,or maintenance or operating costs, (including the leasing of commercial facilities), must carry out the assisted activities"for the period during which ESG assistance is provided." ii) Use as an Emergency Shelter(24 CFR, 576.73),requiring that any building for which emergency shelter grant amounts are used for renovation must be maintained as a shelter for the homeless for not less than a three-year period,or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. iii) Calculating the Applicable Period The three and 10-year periods referred to in paragraph b)of this section begin to run: a. In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part,on the date of initial occupancy as an emergency shelter for the homeless. b. In the case of a building that was operated as an emergency shelter before receipt of grant amounts under this part,on the date that grant amounts are first obligated on the shelter. iv) Domestic Violence Confidentiality Requiring confidentiality for victims of family violence and the location of shelters for such persons. Page 8 of 13 Pages 961186 v) Building Standards(24 CFR,576.75), requiring that any building for which emergency shelter grant amounts are used for renovation,conversion,or major rehabilitation must meet the local government standard of being in safe and sanitary condition. vi) Assistance to the Homeless (24 CFR,576.77), requiring that homeless individuals must be given assistance in obtaining: a. Appropriate supportive services,including permanent housing,medical and mental health treatment,counseling, supervision,and other services essential for achieving independent living. b. Other federal, state, local and private assistance available for such individuals. vii) Renting Commercial Transient Accommodations, (24 CFR,576.51 (C)(v)(A)(B)), requiring that if grant amounts are proposed to be used to provide emergency shelter for the homeless in hotels or motels,or other commercial facilities providing transient housing,the contractor. ai Will provide that the living space will be rented at substantially less than the daily room rate otherwise charged by the facility;and b. The Contractor has considered using other facilities as emergency shelters,and has determined that the use of such living space in the facilities provides the most cost-effective means of providing emergency shelter for the homeless in its jurisdiction. viii) Matching Funds(24 CFR,576.71(a)),requiring that the Contractor shall supplement its emergency shelter grant amounts with the amount set forth in Exhibit A of this Contract.These funds must be provided after execution of the contract. Contractor may comply with this requirement by providing the supplemental funds itself,or through supplemental funds provided by a non-profit recipient(s).Funds used to match a previous ESG grant may not be used to match a subsequent grant award. ix) Calculating the Matching Amount(24 CFR 576.71(b)), requiring that, in calculating the amount of supplemental funds,there may be included the value of any donated material or building;the value of any lease on a building;any salary paid to staff of the Contractor or to any non-profit recipient(s)in carrying out the emergency shelter program;and the time and services contributed by volunteers to carry-out the emergency shelter program,determined at the rate of $5 per hour.The Contractor shall determine the value of any donated material or building,or any lease,using any method reasonably calculated to establish a fair market value. x) Homeless Prevention, (24 CFR 576.21(a)(4)(ii))the requirements which provide that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services meet the following standards: a. that the inability of the family to make the required payments must be the result of a sudden reduction in income; b. that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; c. that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time;and, d. that the assistance must not supplant funding for preexisting homeless prevention activities from any other source. e. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian-owned Page 9 of 13 Pages 961186 Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). n) Executive Orders 11625,12432,and 12138 requesting the grantee to make efforts to encourage the use of minority and women's buisness enterprises in connection with activities funded. o) Lobbying.The Contractor assures and certifies that: i_ No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any 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 a 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, grant,loan or cooperative agreement. • ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federally funded contract, grant, loan,or cooperative agreement,it shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. iii. It shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. iv. It understands that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. p) Uniform Federal Accessibility Standards, (24 CFR, Part 40,Appendix A),requiring that for major rehabilitation or conversion of buildings, prescribed standards for the design,construction, and alteration of publicly owned residential structures shall be followed to insure that physically handicapped persons will have ready access to, and use of such structures. q) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970—Title Ill, Real Property Acquisition(Pub. L.91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition,specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price,and specified procedures connected with condemnation. r) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970—Title II, Uniform Relocation Assistance(Pub. L.91-646 and implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted program.Relocation payments and assistance,last-resort housing replacement by displacing agency,and grievance procedures are covered under the Uniform Act.Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided.Moving expenses and up to$22,500 or more for each qualified homeowner or up to$5,250 or more for each tenant are potential costs. Page 10 of 13 Pages 961186 s) Primarily Religious Organizations (24 CFR 576.22(b))requiring that assistance may be provided under this part to a grantee or recipient that is a primarily religious organization ifthe primarily religious organization agrees to provide all eligible activities under this program in a manner that is free from religious influences and in accordance with the principles outlined further in the above referenced regulation. t) Termination of Assistance Procedures(Section 1402(d)Housing and Community Development Ad of 1992) requiring termination of assistance to any individual or family be in accordance with a formal process established by the ESG fund recipient. 22. Monitoring and Evaluation. The State will monitor and evaluate the Contractor for compliance with the terms of the contract, and the rules,regulations,requirements and guidelines which the State has promulgated or may promulgate.The Contractor may also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. 23. Severability.To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract,the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof.The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 24. Binding on Successors. Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding upon the parties,or any subcontractors hereto,and their respective successors and assigns. 25. Subletting.Assignment or Transfer. Neither party nor any subcontractors hereto may sublet,sell,transfer, assign or otherwise dispose of this Contract or any portion thereof,or of its rights,title, interest or duties therein,without the prior written consent of the other party.No subcontract or transfer of contract shall in any case release the Contractor of liability under this Contract. 26. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of this Contract and applicable statutes. 27. Applicant Statement of Assurances and Certifications.The Contractor has previously signed an"Application Statement of Assurances and Certifications"which is hereby incorporated and made a part of this Contract by reference. 28. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. • Page 11 of 13 Pages 961186 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attomey fees incurred as a result of any act or omission by the contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirma- tive Action,dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex, marital status,religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment,upgrading,demotion,or transfer,recruitment or recruitment advertismgs;lay-offs or terminations; rates of pay or other forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth provisions of this non- discrimination clause. (b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status, religion,ancestry, mental or physical handicap,or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules, regulations,and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books, records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,color,sex, national origin,or ancestry. (f) A labor organization,or the employees or members thoeof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised 1/93 395-53-01-1022 • Page 12 of 13 Pages 961.186 (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules,regulations or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated in accordance therewith,or as otherwise provided by law. (h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for noncompliance: provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 &102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non- resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws.rules and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),and that no violation of such provisions is present. 10. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor. WELD COUNTY (Full Legal Name) COUNTY OF WELD STATE OF COLORADO /f ROY ROMER OVERNOR By �• FOR THE EXEC IVE IRECT airy Kallenberger Position(Title) : uw SSIONERS DEPARTMENT ea' °,0' Fed - ID Number 0O0 �� OF Local Affairs Co F / itt la44t • By �iiiryi='r' hXlCSlClC APPROVALS DEP Y CLERK TO THE BOARD PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER Clifford W.Hall By By ClC7n a\ ,a . Rose Marie Auten —1 Form 6-AC-02C Revised 1/93 395-53-01-1030 961.186 Page 13 which is the last of 13 Pages EXHIBIT A Scope of Services 961186 EXHIBIT A SCOPE OF SERVICES WELD COUNTY #96-641 1. PROJECT DESCRIPTION, OBJECTIVES,AND REQUIREMENTS. Using Emergency Shelter Grant funds, Weld County shall improve the quality of emergency shelter services for the homeless. This Project consist of providing ESG monies for Operations, Essential Services, Prevention, and Administration as funded in the Project Budget. Funds may be used for operating staff only if there is an operating staff line item in paragraph 7 of this scope of services. 2. BENEFIT TO HOMELESS PERSONS.These funds must benefit persons which lack a fixed, regular, and adequate nighttime residence or a person or family who have a primary nighttime residence that is: A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare, hotels, congregate shelters,and transitional housing for persons with mental illness); B) an institution that provides a temporary residence for individuals intended to be institutionalized; or, C) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. 3. FINANCIAL REQUIREMENTS.The Contractor shall comply with the policies, guidelines and requirements of 24 CFR part 58 (codified pursuant to OMB Circular No.A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG amounts by States and units of local government, and Nos.A-110 and A-122 as they relate to the acceptance and use of ESG grant amounts by private nonprofit organizations. 4. CONTRACTOR ADMINISTRATION. The Contractor shall be responsible for the administration of the Project The Contractor may subcontract all or part of the administration duties with approval from the state. 5. STATE MONITORING. The Colorado Department of Local Affairs, Division of Housing shall monitor this Contract in accordance with the provisions set forth in Paragraph 22 within the main body of this Contract. 6. TIME OF PERFORMANCE. The Project shall commence upon the full and proper execution of this Contract and the completion of the appropriate environmental review, and shall be completed on or before June 30. 1997 . However, the Project time of performance may be extended by letter, subject to mutual agreement of the State and Contractor.To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty(30) days prior to June 30 1997 and shall include a full justification for the extension request. Page 1 of 2 Pages 961186 „Awe ;z,-gip* *Thigt1/4.1.tirroTts_ ip,iiit 7. BUDGET }v 'r._ Operations -Utilities $8,975 -Supplies/Equip. 3,895 -Insurance 2,371 -Repairs/Maint. 1,693 Essential Services -Case Mgmt. $8,804 -Transportation 422 -Food 140 Prevention -Rental Asst. $6,197 Administration $1,613 TOTAL $34,110 $34,110 $68,220 8. PAYMENT SCHEDULE.The Contractor shall periodically initiate all drawdown requests by submitting to the Department of Local Affairs, Division of Housing, a written request using the state-provided form, for reimbursement of actual and proper expenditures of ESG funds. $32,405 Paid upon receipt and approval of written requests from the Contractor for funds to meet immediate cash needs. $1.705 Payment-Paid upon substantial completion of the Project, provided that the Contractor has submitted and the Department of Local Affairs, Division of Housing has accepted all required Financial Status Reports and Performance Report information. $34,110 TOTAL Payments shall be made in accordance with the provisions set forth in Paragraph 9 within the main body of this Contract 9. REPORTING SCHEDULE a) Financial Reports.The Contractor shall submit to the Department two(2)original copies of monthly financial status reports in the manner and method prescribed by the Department.The report is due within 10 days following the end of each month until completion of the project The final report shall be submitted within twenty(20) calendar days after the completion of the Contract. b) Performance Reports.The Contractor shall submit to the Department one(1)original of quarterly programmatic status report in a manner and method prescribed by the Department The report is due within 10 days following the end of each calendar quarter until completion of the project.The final report shall be submitted within twenty (20) calendar days after the completion of the Contract. Page 2 of 2 Pages 961186 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, COLORADO 80632 Administration and Public Assistance (970) 352-1551 vine ChiS Svices 970) 352-1923 Protecitve and Youth Services (970) 352-1923 Food Stamps (970) 356-3850 Fax (970) 353-5215 COLORADO MEMORANDUM TO: Barbara J. Kirkmeyer, Chair, Board of Weld County Commissioners FROM: Judy A. Griego, Director, Social Services G. July Jul DATE: 3, 1996 SUBJECT: Emergency Shelter Grant Contract for 1996/97. Weld County has been awarded a total of$34,100 in Emergency Shelter Grant funds from the State Department of Local Affairs. The amount awarded to Weld County is down approximately 24% percent from last year. Of the total amount, $1613 is available to the County for the administration of the Contract, while $32,497 will be contracted to our homeless service providers. Program dollars have been awarded for four activities: Activities Funding Percentage Operation Costs $16,934 49% Essential Services $ 9.366 27% Homeless Prevention $ 6,197 18% Administration $ 1,613 5% The ESG contract has been received from the State Division of Housing and is presented for your consideration. Staff recommends your approval of the ESG Contract for 1996/97. If you have any questions, please telephone me at 352-1551, extension 6200. 961186 Hello