HomeMy WebLinkAbout992098.tiff RESOLUTION
RE: APPROVE COORDINATED AND PURCHASE OF SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - CATHOLIC CHARITIES NORTHERN
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 Coordinated 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
Catholic Charities Northern, commencing upon full execution of said agreement, and ending
June 30, 2000, 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 Housing Authority Board, that the Coordinated 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 Catholic Charities Northern be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 23rd day of August , A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 11#0il I1, a tEXCUSED
/0014,
��� �J gale K. Hall, Chair
sit Weld County Clerk to the r.- `
toy!
i(�: Par CUSED
%cit
' sr` arbara J. Kirkmeyer Pro-Tem
Deputy Clerk to the Boat• f J W' /�y T //`i ,
George . Baxter
APPROVEQ.Ay 6 FORM: 2, t141-i
. 77 %—__-> M. J Geile
J --- /- _)�--
Gb y Attorney {,/Slill(i/ii, ,
Glenn Vaad
992098
ce- /1) HA0019
CONTRACT NO: FY99-ESG-4002
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN CATHOLIC CHARITIES/NORTHERN AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this 23rd day of August _ 1999, by
and between the Board of County Commissioners, on behalf of the Weld County Department
of Social Services, hereinafter referred to as "Social Services," and "Catholic
Charities/Northern," 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 FY99-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 1999 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
1 of 6
CONTRACT NC): FY99-ESG-4002
County; and
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term
This Contract shall become effective upon proper execution of this Agreement. The
term of the Contract shall begin 1999 and shall expire June
30, 1999. The Contractor agrees that time is of the essence in their performance of
its obligations under this Agreement, and that completion of the Project shall occur
no later than the termination date of June 30, 2000.
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 Twenty Thousand Nine Hundred
Five ($20.905.00).. Expenses incurred by the Contractor, in association with said
project prior to execution of this Agreement, are not eligible ESG expenditures and
shall not be reimbursed by Social Services.
4. Financial Management
At all times from the effective date of this Contract until completion of this
Contract, the Contractor shall comply with the administrative requirements, cost
principles and other requirements set forth in the Financial Management Manual
2 of 6
CONTRACT NO FY99-ESG-4002
adopted by the State of Colorado. The required annual audit of all funds expended
under ESG must conform to the Single Audit Act of 1984 and OMB Circular A-
128.
5. Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of
services performed for costs incurred in the performance of this Agreement.
b. Social Services may withhold any payment if the Contractor has failed to
comply with the Financial Management Requirements, program objectives,
contractual terms, or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit B,
which is attached hereto and incorporated herein by reference.
7. Program Reports
a. Monthly Programmatic Status Report The Contractor shall submit to the
Department one (1) copy of the monthly programmatic status report in the
manner prescribed by Social Services.
b. Performance Reports The Contractor shall submit to the Department one
(1) copy of quarterly performance report and of the Quarterly Financial
Report in a manner and method prescribed by Social Services.
8. Monitoring and Evaluation
The Contractor and Social Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Colorado Department of
Local Affairs, other appropriate funding sources, the Contractor, and Social
Services. The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners.
The Contractor shall permit the Colorado Department of Local Affairs, the U.S.
Department of Housing and Urban Development, and any other duly authorized
3 of 6
CONTRACT NO: FY99-ESG-4002
agent or governmental agency,to monitor all activities conducted by the Contractor
pursuant to the terms of this Agreement. As the monitoring agency may in its sole
discretion deem necessary or appropriate, such monitoring may consist of internal
evaluation procedures, examination of program data, special analyses, on-site
checking, formal audit examinations, or any other reasonable procedures. All such
monitoring shall be performed in a manner that will not unduly interfere with
agreement work.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Social Services or designee may exercise the following remedial
actions should s/he find the Contractor substantially failed to satisfy the scope of
work found in this Agreement. Substantial failure to satisfy the scope of work shall
be defined to mean incorrect or improper activities or inaction by the Contractor.
These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or
corrections in performance are satisfactorily completed;
b. Request the removal from work on the agreement of employee(s) and or
agent(s) of the Contractor whom the Director or designee justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable,
or whose continued employment on the Agreement s/he deems to be contrary
to the public interest or not in the best interest of Social Services;
c. deny payment or recover reimbursement for those services or no value to the
Social Services. Denial of the amount of payment shall be reasonably related
to the amount of work or deliverables lost to Social Services;
d. terminate the Agreement for cause given 30 day written notice if the
Contractor fails to successfully execute a corrective action plan as prescribed
in writing:
1. In the event this Agreement is terminated for cause, final payment to
4 of 6
CONTRACT NO: FY99-ESG-4002
the Contractor may be withheld at the discretion of Social Services
until completion of final audit
e. incorrect payment to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from
subsequent payments under this Agreement or other agreements between
Social Services and the Contractor, or by Social Services as a debt due to
Social Services or otherwise as provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from time
to time designate in writing a new or substitute representative(s):
For Social Services: For the Contractor:
Thomas Teixeira, Director WCHA Mary Orleans, Director
Notice
All notices required to be given by the parties hereunder shall be given by certified
or registered mail to the individuals at the addresses set forth below. Either party
may from time to time designate in writing a substitute person(s) or address to
whom. such notices shall be sent:
To: Judy A. Griego, Director To: Mary Orleans, Director
Weld County Department of Social Services Catholic Community Services, Inc
P.O. Box A 1311 11th Street
Greeley, CO 80632 Greeley, CO 80632
12. Litigation
The Contractor shall promptly notify Social Services in the event that the
Contractor learns of any actual litigation in which it is a party defendant in a case
which involves services provided under this Agreement. The Contractor, with five
(5) calendar days after being served with a summons, complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall
5 of 6
CONTRACT N0: FY99-ESG-4002
deliver copies of such document(s) to the Social Services' Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty (30)
days written notice and is subject to the availability of funding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified except as stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS CATHOLIC CHARITIES RTHEN
George Baxter, Chair Prate somi1 erry Kiefer, President
cLii
i �;;j sti v •St
Weld County Clerk to the Boarv� Vet s
BY: i r , r <= T
Deputy Clerk �(® �!-s '' 1
S
6 of 6
CONTRACT NO: FY99-ESG-4002
deliver copies of such document(s) to the Social Services' Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
13. Termination
This Agreement may be terminated at any time by either party given thirty (30)
days written notice and is subject to the availability of finding.
14. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified except as stated in Paragraph 10 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
BOARD OF WELD COUNTY COMMISSIONERS CATHOLIC CHARITIES N )RTHEN
Thomas Teixeira, Chair . President
Sharon M. Glass
Attest _ Attest cr
Weld County Clerk to the Board
By:
Deputy Clerk
6 of 6
CONTRACT NO: FY99-ESG-4002
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists:
A. Emergency shelter services, in accordance with the Stewart B. McKinney Act, Emergency
Shelter Grant (ESG), to help improve the quality of emergency shelter services of the
homeless. ESG finds 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
1 of 4
CONTRACT NO: FY99-ESG-4002
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 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 1:he ESG
plans. The Contractor shall meet specific performance goals as follows:
A. Provide 9,000 nights of shelter and 22,000 meals for 1,000 homeless people
including 80 families.
1) manintain a clean safe environment for homeless people.
2) maintain staff training to provide needed services for homeless clients.
B. Assist homeless families and individuals in moving toward self- sufficiency.
1) Continue case management services to Weld Information and Referral
Services and Weld County Job Service
2) Work with 30 families each year on a case management plan.
2 of 4
CONTRACT NO: FY99-ESG-4002
Exhibit A., Continued
3) Provide follow-up services for families participating in casemanagement
after they have left the shelter.
C. Develop adequate resources to continue shelter services
1) Continue to documenting and reporting of shelter and case management
statistics
2) Work with Weld County, City of Greeley, United Way, InterAgency
Strategic Planning Committee and shelter providers to develop ways to
generate revenue to operate the shelter
3) Develop financial support through grant writing and continued contact with
organizations and businesses in the community.
4) Have two fundraising events during the year.
5) Continue to develop in-kind resources.
D. Homeless Prevention Goals
1. Provide rent assistance or utility assistance or back mortgage payment to 24
qualified clients.
2. All (24) clients will be referred to Consumer Credit Counseling Service of
Northern Colorado.
3. Supportive service referrals will be provided to 24 clients based on the needs
of the individual client.
4. Compensation and Method of Payment
The Weld County Department of Social Services agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed
Twenty Thousand Nine Hundred Five (20,905) . All funds shall be used for operating
costs and Essential Services as follows
3 of 4
CONTRACT NO FY99-ESG-4002
Exhibit A, Continued
3) Provide follow-up services for families participating in casemanagement
after they have left the shelter.
C. Develop adequate resources to continue shelter services
1) Continue to documenting and reporting of shelter and case management
statistics
2) Work with Weld County, City of Greeley, United Way, InterAgency
Strategic Planning Committee and shelter providers to develop ways to
generate revenue to operate the shelter
3) Develop financial support through grant writing and continued contact with
organizations and businesses in the community.
4) Have two fundraising events during the year.
5) Continue to develop in-kind resources.
D. Homeless Prevention Goals
1. Provicde rent assistance or utility assistance or back mortgage payment to 24
qualified client.
2. All (24) clients will be referred to Consumer Credit Counselling Service of
Northern Colorado.
3. Supportive service referals will be provided to 24 clients based on the needs
of the individual client.
4. Compensation and Method of Payment
The Weld County Department of Social Services agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed
Twenty Thousand Nine Hundred Five (20.905) . All funds shall be used for operating
costs and Essential Services as follows
3 of 4
CONTRACT NO: FY99-ESG-4002
Exhibit A Continued
Operation Cost Categories
Utilities(Electricity, Gas, Water/Sewer and Telephone $7,840
Supplies and Equipment 2,700
Repairs/Maintanance 2,'730
Essential Services
Case Management $2,'500
Prevention
Rent Assistance $5,135
TOTAL $20,905
The method and time of payment shall be made in accordance with the "Payment
Method" set forth herein.
5. Payment Schedule
Interim payments to be made upon submission of appropriate documentation
which include designated narrative reports and invoices. The contractor may request
reimbursement every 30 days.
6. Contract Monitoring
Weld County Department of Social Services will monitor the Project on an as needed
basis.
7. Reporting Schedule
The Contractor will submit a single financial and program narrative report detailing the
progress of the Project. Interim financial and program reports will be required quarterly
by Weld County Department of Social Services and are due no later than the fifth of the
following month. Program reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any improvements.
4 of 4
CONTRACT NO: FY97-ESG-4002
EXHIBIT B
1. The Contractor agrees it is an independent contractor and that its officers and employees
do not become employees of Weld County, nor are they entitled to any employee benefits
as Weld County employees, as the result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and
employees, shall not be held liable for injuries or damages caused by any negligent acts
or omissions of Contractor or its employees, volunteers, or agents while performing duties
as described in this Agreement. Contractor shall indemnify, defend, and hold harmless
Weld County, the Board of County Commissioners of Weld County, its employees,
volunteers, and agents. The Contractor shall provide adequate liability and worker's
compensation insurance for all its employees, volunteers, and agents engaged in the
performance of the Agreement.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have treated a duty of care with respect to any persons not a
party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the
County of Weld, State of Colorado, to expend finds not otherwise appropriated in each
succeeding year.
5. If any sectior, 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
1 of 3
CONTRACT NO: FY99-ESG-4002
Exhibit B, Continued
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will
provide accurate, current, separate, and complete disclosure of the status of the funds
received under the Agreement are maintained for three (3) years or the completion and
resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,
and State auditors and representative to audit and monitor the Contractor.
9. The Contractor assures that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect any copy records, and
shall be allowed to monitor and review through on-site visits, all contract activities,
supported with funds under this Agreement to ensure compliance with the temis of this
Agreement. Contracting parties agree that monitoring and evaluation of the performance
of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested
parties.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
11. The Contractor certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal Loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, loan, grant,
or cooperative agreement.
12. The Contract assures that it will fully comply with the Emergency Shelter Grant and
regulations promulgated, and all other applicable Federal and State laws, vales 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:
2 of 3
CONTRACT NO: FY97-ESG-4002
Exhibit B, Continued
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
b. Have not, within a three-year period preceding this Agreement, been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local)transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity(Federal, State, or local) with commission of any of the offenses
enumerated in paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (Federal, State, and local) terminated for cause or default.
3 of 3
Hello