HomeMy WebLinkAbout951380.tiffRESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT WITH
WELD INFORMATION AND REFERRAL SERVICE, INC. AND AUTHORIZE CHAIRMAN
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Coordination and Purchase of Services
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Social Services, and Weld
Information and Referral Service, Inc., commencing July 1, 1995, and ending June 30, 1996, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex -officio Board of Social Services, that the Coordination and Purchase of
Services Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Social Services, and Weld
Information and Referral Service, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of July, A.D., 1995, nunc pro tuns July 1, 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
Dale K. Hall, Chairman
Deputy CI :t7 to the Board
George Baxter
APPR•. AS TO FORM:
un y Attorney
w/,43
ebs er
Constance L. Harbert
1,% 2
951380
SS0021
CONTRACT NO: FY95-ESG-4004
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN WELD INFORMATION AND REFERRAL SERVICE, INC. AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
//NIA
THIS AGREEMENT, made and entered into this / v day of
1995, by and between the Board of County Commissioners, on be
County Department of Social Services, hereinafter referred to as "So
Services," and "Weld Information and Referral Service, Inc., hereinafter
referred to as the Contractor."
WITNESSETH
Weld
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
FY95-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 1995 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
nor, rofit organizations in Weld County for allocations from Federar-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 continuing the availability of food to Weld County homeless and
their families.
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CONTRACT NO: FY95-ESG-4004
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 July 1, 1995 and shall expire June 30,
1996. The Contractor agrees that time is of the essence in their
performance of its obligations under this Agreement, and that
completion of the Project shall occur no later than the termination
date of June 30, 1996.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year 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
Eleven Thousand Nine Hundred and Forty -Five Dollars ($11,945).
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.
a-
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 Circular A-128.
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CONTRACT NO: FY95-ESG-4004
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 thatmonitoring 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. F -
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.
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CONTRACT NO: FY95-ESG-4004
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;
MI -
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 beof 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 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.
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51380 .
CONTRACT NO: FY95-ESG-40c04
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):
Social Services: For the Contractor:
Jim She
Notice
or WCHA
ire\ r 6 '- k/
Melanie George -Hernandez
Executive Director
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
Weld Information and Referral Service, Inc.
P.0. Box 2404
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
off- this Agreement. The Contractor, with five (5) calendareday5 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.
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CONTRACT NO: FY95-ESG-400 4
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
OF -
WELD INFORMATION AND REFERRAL SERVICE,
INC.
ri Kelle Ama
Te y a, Presi
ATTEST:
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951380
CONTRACT NO: FY95-ESG-400 4
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 transition out of poverty.
2. Definition of Homeless Individuals
For the purposes of funding under the ESG, the term "homeless" or
"homeless" individual includes:
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95.1.360
CONTRACT NO: FY95-ESG-4004
Exhibit A, Continued
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 39 qualified clients
2. All (39) clients will be referred to Consumer Credit
Counselling Service of Northern Colorado.
3. Supportive service referrals will be provided to 39 clients
based on the needs of the individual client.
4. Case management services will be offered to five clients who
are in need of on -going assistance.
B. Essential Services (Case Management)
1. Develop a quality and timely referral network by monitoring all
clients participating in the case management program.
2. Identify clients receiving services within 30 days.
3. Meet with housing service providers on a monthly basis to
coordinate services.
4. Monitor self sufficiency achievement goals for clients in the
areas of training, education, and employment (subsidized and
unsubsidized).
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CONTRACT NO: FY95-ESG-4004
Exhibit A, Continued
5. Identify clients receiving services within thirty days.
6.Provide all clients with listing of landlords and rentals in Weld
County.
7. Provide advocacy to clients participating in the program 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 Eleven Thousand Nine Hundred and Forty -Five
Dollars ($11,945). 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
Essential Services
Case management services $4,785
Homeless Prevention Services
Rental Assistance 7.160
TOTAL 11,945
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. F
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
Page 3 of 4
encountered in accomplishing the specifics of the Project and suggest any
improvements.
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CONTRACT NO: FY95-ESG-4004
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.
No officer, member or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct on<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.
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951350
CONTRACT NO: FY95-ESG-4004
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 suf.ficient 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
.0- 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;
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951.380-
CONTRACT NO: FY95-ESG-4004
Exhibit B, Continued
b. Have not, within a three-year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a government entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph 11(b) of
this certification; and
d. Have not within a three-year period preceding this Agreement, had
one or more public transactions (Federal, State, and local)
terminated for cause or default.
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