HomeMy WebLinkAbout951379.tiffRESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT WITH
GREELEY TRANSITIONAL HOUSE 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 Greeley
Transitional House, 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
Greeley Transitional House 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 tunc July 1, 1995.
Deputy CIeV7to the Board
APP: ! D AS TO FOR
ou ty Attorne
George 1=. Baxter
4 TN
BOARD OF COUNTY COMMISSIONERS
D COUNTY, CQLORADO
Constance L. Harbert
i' )J
W. H."Webster
951379
SS0021
CONTRACT NO: FY95-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 0 day of 1995, by and between the Board
of County Commissioners, on behalf of the Weld County Departme of S al 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 FY95-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 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 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. Tcrm
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CONTRACT NO: FY95-ESG-4001
This Contract shall become effective upon proper execution of this Agreement and its term 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 Six Hundred and Twelve Dollars ($11,612).
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.
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.
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CONTRACT NO: FY95-ESG-4001
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 Renorts 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.
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
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CONTRACT NO: FY95-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;
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 fmal audit
e. incouad 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.
I1. 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):
ocial Servic
Sheehan. Director
Name Title
For . e Contractor:
if
nda Akers, Executive Director
Namc Title
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CONTRACT NO: FY95-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. Gricgo. Director
P.O. Box A
Greeley_ CO 80632
12. Litigation
Linda Akers Executive Director
1202 6th Street
Greeley. CO 80631
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.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
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CONTRACT NO: FY95-ESG-4001
BOARD OF WELD COUNTY COMMISSIONERS
WELD COUNTY, C•LORADO
ounty Clerk to the Board
.7'
By: C
Deputy Clerk
C, k Ykcatt„
GREELEY TRANSITIONAL HOUSE
Roger Harbert ,'-President
ATTEST:
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CONTRACT NO: FY94-ESG-4001
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 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
administration but
security. fuels
furnishings.
maintenance,
operations, (including
excluding staffing costs)
and
equipment,
insurance,
rent, repair,
utilities
and
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
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CONTRACT NO: FY94-ESG-4001
Exhibit A, Continued
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
residence that
who lacks a fixed, regular and adequate nighttime
is --
(1) A supervises 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. Emergency/Self-Sufficiency Program
1. To provide emergency shelter and self-sufficiency
program to fi₹'ty (50) families between July 1, 1995
and June 30, 1996.
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
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CONTRACT NO: .FY94-ESG-4001
Exhibit A, Continued
promoting high standards of performance.
B. Follow-up Prevention Program
1. Provide follow-up case management for 85% of 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 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 Eleven Thousand Six Hundred and Twelve Dollars ($11,612). 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 Cateeories
Utilities(Electricity, Gas, Water/Sewer and Telephone $4,662
Insurance 1,000
Repairs and Maintenance 1,905
Supplies/Equipment 1.000
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CONTRACT NO: FY94-ESG-4001
Exhibit A, Continued
Essential Services
Case Management 3.045
TOTAL 11,612
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 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 monthly and at the conclusion of the project.
These reports shall describe and evaluate any difficulties encountered in
accomplishing the specifics of the Project and suggest any improvements.
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CONTRACT NO: FY94-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.
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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 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;
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CONTRACT NO: FY94-ESG-4001
Exhibit B, Continued
b. Have not,
convicted
commission of fraud or a
attempting to obtain, or
transaction or contract
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
within a three-year period preceding this Agreement, been
of or had a civil judgment rendered against them for
criminal
offense
in connection
with obtaining,
performing a public (Federal, State, or local)
under a public transaction; violation of Federal
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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