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HomeMy WebLinkAboutC22-078 Catholic Charities_Homeless GrantAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER, INC. THIS AGREEMENT (“Agreement”) is effective as of _____________________ by and between Catholic Charities and Community Services of the Archdiocese of Denver, Inc., a Colorado nonprofit corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to retain Consultant to provide professional oversight and administration for the Emergency Solutions Grant CV2 (“ESG”), including the provision of emergency shelter, street outreach, cash management, rapid re-housing, and HMIS data entry associated with the ESG (the “Project”); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than August 31, 2022. Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 3/8/2022 2 Eagle County Prof Services Final c.Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2.County’s Representative. The Housing Program Manager, the Housing Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3.Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of August, 2022, with a possible extension to the 31st of December, 2022, per the Colorado Division of Housing. 4.Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non- payment for such additional services or work performed. 5.Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $344,000 per the grant award reimbursement. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a.Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c.If , at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 3 Eagle County Prof Services Final written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e.Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6.Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i.Workers’ Compensation insurance as required by law. ii.Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii.Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 4 Eagle County Prof Services Final iv.Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b.Other Requirements. i.The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii.Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii.Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv.Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v.All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi.All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii.Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 5 Eagle County Prof Services Final reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. xii.Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any monies paid pursuant to this Agreement. 8.Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which County may become subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal, and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability, or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9.Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps, and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10.Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 6 Eagle County Prof Services Final respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 Facsimile: 970-328-8787 E-Mail: kim.williams@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONSULTANT: Catholic Charities, Western Slope Attn: Marian McDonough, Regional Director 1004 Grand Ave Glenwood Springs, CO 81601 Telephone: (970) 384-2060 E-mail: mmcdonough@ccdenver.org 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 7 Eagle County Prof Services Final 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of care, skill, and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 8 Eagle County Prof Services Final d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules, and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state, or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. l. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E-verify Program or other DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 9 Eagle County Prof Services Final Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 10 Eagle County Prof Services Final g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 11 Eagle County Prof Services Final IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 Darren Walsh President & CEO 12 Eagle County Prof Services Final EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 1 Eagle County Homeless Stability - $637,650 Total Award RFP Award and Scope of Services – Catholic Charities January 2022 Awarded ESG-CV2 funds Catholic Charities Temporary Emergency Shelter ($270,000) $180,000 Street Outreach ($135,000) Rapid Re-Housing ($150,000) $150,000 HMIS ($30,000) $7,500 Administration ($52,650) $6,500 $344,000 Colorado Department of Local Affairs Division of Housing Office of Homeless Initiatives ESG CV2 Grant Overview and Program Requirements Overview: The Colorado Department of Local Affairs (DOLA) through its Division of Housing (DOH) and Office of Homeless Initiatives (OHI) is requesting applications from eligible non-profits or local governments throughout Colorado for the final portion of ESG-CV2 funding. ESG-CV2 components available for funding include: Temporary Emergency Shelter, Emergency Shelter, Street Outreach, Homelessness Prevention, Rapid Re-housing, Data Collection through the Homeless Management Information Systems (HMIS) for non-Victim Service Providers or CAFÉ (the ESG comparable database for Victim Service Providers), Training on infectious disease prevention and mitigation, and Administrative activities. These components must be used to prevent, prepare for, or respond to coronavirus (COVID-19). NOFA Aim: The aim of this NOFA is to enhance the continuum of comprehensive, housing-focused solutions throughout the State of Colorado in order to: 1. Prevent, prepare for, and respond to COVID-19 among individuals and families who are experiencing homelessness or receiving homeless assistance, and to support additional DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 2 homeless assistance and homelessness prevention activities to mitigate the impacts created by COVID-19 through awards made by this ESG-CV2 NOFA. 2. Expand DOH’s ESG subrecipient pool in order to more equitably serve marginalized populations across the entire state. 3. End homelessness for families and individuals experiencing homelessness by connecting them to permanent affordable housing as quickly as possible. 4. Work alongside people experiencing or at-risk of experiencing homelessness, service providers, and other community partners to create immediate emergency services and build long-term sustainable solutions. 5. Ensure efficient use of funds and effective program administration. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 3 II. ESG-CV2 Program Parameters 1) Eligible Applicants a) Applicants must have a non-profit 501(c)(3) designation or be a unit of local government to be eligible. For non-profit organizations requesting funds for Emergency Shelter activities, the application must include certification of approval from the unit of local government for every geographic areas in which those activities are to be carried out. This might require multiple certifications of approval if projects operate in multiple jurisdictions. b) Additionally, the CARES Act states that all projects funded with ESG-CV must not require those served to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services. This applies to all applicants, regardless of component being requested. This will be monitored throughout the grant agreement period by DOH staff. 2) Connection to the COVID-19 Pandemic a) All ESG-CV funds must be used to prevent, prepare for, and respond to the COVID-19 pandemic. This will be documented through the quarterly reports submitted throughout the grant agreement. The U.S. Department of Housing and Urban Development (HUD), which funds the ESG program, defines these activities as below: i. Prevent coronavirus means an activity designed to prevent the initial or further spread of the virus to people experiencing homelessness, people at risk of homelessness, subrecipient staff, or other shelter or housing residents. This includes providing Personal Protective Equipment to staff and program participants, paying for non-congregate shelter options such as hotels and motels, paying for handwashing stations and portable toilets for use by people living in unsheltered situations, and providing rapid re-housing or homelessness prevention assistance to individuals and families who are homeless or at risk of homelessness (as applicable) to reduce their risk of contracting or further spreading the virus. ii. Prepare for coronavirus means an activity carried out by a subrecipient prior to or during a coronavirus outbreak in their jurisdiction to plan to keep people healthy and reduce the risk of exposure to coronavirus and avoid or slow the spread of disease. This includes updating written standards to prioritize people at severe risk of contracting coronavirus for shelter and housing consistent with fair housing and nondiscrimination requirements, adapting coordinated entry policies and procedures to account for social distancing measures or increased demand, developing a strategy and recruiting landlords to provide housing to people experiencing homelessness or at risk of homelessness, training homeless providers on infectious disease prevention and mitigation, and implementing a non-congregate shelter strategy to reduce the spread of coronavirus. iii. Respond to coronavirus means an activity carried out once coronavirus has spread to people experiencing homelessness, provider staff, or once individuals and families lose or are at risk of losing their housing as a result of the economic downturn caused DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 4 by coronavirus. This includes transporting individuals and families experiencing homelessness to medical appointments, paying for shelter to isolate individuals who have contracted coronavirus from other program participants and people experiencing homelessness, providing rental assistance to those who are at risk of losing their housing, have already become homeless, or continue to experience homelessness due to the economic downturn caused by coronavirus, and providing hazard pay to subrecipient staff who put their own health at risk to continue to provide necessary services to individuals and families experiencing and risk of homelessness. 3) Eligible Activities a) Emergency Shelter: ESG-CV funds may be used for the costs of providing essential services to homeless families and individuals in emergency shelters, renovating buildings to be used as emergency shelters for homeless families and individuals, and operating emergency shelters. i. Emergency Shelter activities include: Essential services (includes case management, child care, education services, employment assistance, outpatient health services, legal services, life skills training, etc.), shelter renovations, and shelter operations (including the costs of maintenance, rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary to the operation of the emergency shelter). Hotel/motel costs may also be funded where no appropriate Emergency Shelter is available. ii. Volunteer Incentives. ESG-CV funds can be used for the cost of providing reasonable incentives to volunteers (e.g., cash or gift cards) who have been and are currently helping to provide necessary street outreach, emergency shelter, essential services, and housing relocation and stabilization services during the coronavirus outbreak. iii. Hazard Pay. ESG-CV funds may be used to pay hazard pay for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. Examples of subrecipient staff working directly in support of coronavirus response include emergency shelter intake staff, street outreach teams, emergency shelter maintenance staff, emergency shelter security staff, staff providing essential services (e.g., outpatient health or mental health, housing navigators), and staff in proximity to persons with coronavirus or working in locations with a high likelihood of contracting coronavirus. iv. Training. ESG-CV funds may be used for training on infectious disease prevention and mitigation for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness and the use of funding shall not be considered administrative costs for purposes of the administrative cap. In addition, the limitations on eligible activities provided in section 415(a) of the McKinney-Vento Homeless Assistance Act and 24 CFR part 576, subpart B are waived and alternative requirements are established to the extent necessary to authorize ESG-CV funds to be used for training on infectious disease prevention and mitigation for homeless assistance providers, including those who do not receive funding through the CARES Act, to help them best prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. b) Temporary Emergency Shelter: ESG-CV funds may be used for the costs of providing temporary emergency shelter, which means any structure or portion of a structure, DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 5 which is used for a limited period of time because of a crisis, such as a natural disaster or public health emergency, to provide shelter for individuals and families displaced from their normal place of residence or sheltered or unsheltered locations. i. Examples of temporary emergency shelters include: an overnight, daytime, or 24- hour shelter in which program participants are only provided a safe place to sleep, rest, bathe, and eat; a shelter where one or more services are made available on- site, whether by shelter staff or contractors or through a memorandum of understanding with another subrecipient or service provider; and a shelter designed to facilitate the movement of homeless individuals and families into permanent housing within a fixed period of time (e.g., within 12 months) and employs or contracts with one or more case managers or service providers to provide services as specified under sections III.E.3.a.(i)(e) and III.E.3.a.(ii)(e) through (h). ii. This component can be used to fill gaps in local winter shelter capacity due to a reduction in shelter capacity because of the COVID-19 pandemic. Temporary shelter funds should be used for shelters that are not currently being planned for long-term shelter use. iii. This component should also include a housing plan to ensure that those sheltered in temporary shelters have access to housing after the shelter closes. Temporary shelter can pay for housing navigation and housing counseling activities in order to support this goal. iv. Volunteer Incentives. ESG-CV funds can be used for the cost of providing reasonable incentives to volunteers (e.g., cash or gift cards) who have been and are currently helping to provide necessary street outreach, emergency shelter, essential services, and housing relocation and stabilization services during the coronavirus outbreak. v. Hazard Pay. ESG-CV funds may be used to pay hazard pay for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. Examples of subrecipient staff working directly in support of coronavirus response include emergency shelter intake staff, street outreach teams, emergency shelter maintenance staff, emergency shelter security staff, staff providing essential services (e.g., outpatient health or mental health, housing navigators), and staff in proximity to persons with coronavirus or working in locations with a high likelihood of contracting coronavirus. vi. Training. ESG-CV funds may be used for training on infectious disease prevention and mitigation for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness and the use of funding shall not be considered administrative costs for purposes of the administrative cap. In addition, the limitations on eligible activities provided in section 415(a) of the McKinney-Vento Homeless Assistance Act and 24 CFR part 576, subpart B are waived and alternative requirements are established to the extent necessary to authorize ESG-CV funds to be used for training on infectious disease prevention and mitigation for homeless assistance providers, including those who do not receive funding through the CARES Act, to help them best prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. c) Street Outreach: ESG-CV funds may be used to reach out to people experiencing unsheltered homelessness; connect them with emergency shelter, housing, or critical services; and provide urgent, non-facility based care to people who are unsheltered and who are unwilling or unable to access emergency shelter, housing, or an appropriate DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 6 health facility. For this NOFA, “people experiencing unsheltered homelessness” means individuals and families who qualify as homeless per CFR 576.2. i. Street Outreach activities include: Engagement, case management, emergency health services, emergency mental health services, transportation, etc. For specific requirements and eligible costs, see 24 CFR 576.101. ii. ESG-CV funds can be used to pay for handwashing stations and portable toilets for use by people living in unsheltered situations. iii. Although ESG-CV funds cannot pay for infrastructure associated with sanctioned outdoor encampments, it can be for the cost of outreach staff working in the encampments to provide services and connections to housing while living in encampments, as long as those served are not required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter. iv. Volunteer Incentives. ESG-CV funds can be used for the cost of providing reasonable incentives to volunteers (e.g., cash or gift cards) who have been and are currently helping to provide necessary street outreach, emergency shelter, essential services, and housing relocation and stabilization services during the coronavirus outbreak. v. Hazard Pay. ESG-CV funds may be used to pay hazard pay for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. Examples of subrecipient staff working directly in support of coronavirus response include emergency shelter intake staff, street outreach teams, emergency shelter maintenance staff, emergency shelter security staff, staff providing essential services (e.g., outpatient health or mental health, housing navigators), and staff in proximity to persons with coronavirus or working in locations with a high likelihood of contracting coronavirus. vi. Training. ESG-CV funds may be used for training on infectious disease prevention and mitigation for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness and the use of funding shall not be considered administrative costs for purposes of the administrative cap. In addition, the limitations on eligible activities provided in section 415(a) of the McKinney-Vento Homeless Assistance Act and 24 CFR part 576, subpart B are waived and alternative requirements are established to the extent necessary to authorize ESG-CV funds to be used for training on infectious disease prevention and mitigation for homeless assistance providers, including those who do not receive funding through the CARES Act, to help them best prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. d) Rapid Rehousing: ESG-CV funds may be used for the costs of providing housing relocation and stabilization services and short and/or medium-term rental assistance as necessary to help individuals or families living in an emergency shelter or other place described as homeless in CFR 576.2 to move as quickly as possible into permanent housing and achieve stability in that housing. Applicants may also apply for Rapid Rehousing. Traditionally, only applicants who are designated as a CoC have been able to apply for this activity. Due to the rapid increase of funds and administrative burden of monitoring these funds, ESG-CV funds can be available to applicants who are not designated as a CoC. This variation might not continue after the emergency nature of the pandemic ends. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 7 i. Rapid Rehousing activities include: Services and assistance generally consist of short- term and medium-term rental assistance, rental arrears, rental application fees, security deposits, advance payment of last month's rent, utility deposits and payments, moving costs, housing search and placement, housing stability case management, mediation, legal services, and credit repair. For specific requirements and eligible costs, see 24 CFR 576.104, 576.105, and 576.106. ● Any Rapid Rehousing program funded through this NOFA must adhere to the limitation stated in the ESG-CV Program Notice that changes the timeline of medium-term rental assistance and states that: “medium-term is established as for more than 3 months but not more than twelve (12) months.” ii. Landlord incentives. ESG-CV funds to be used to add the eligible cost of paying for landlord incentives as reasonable and necessary to obtain housing for individuals and families experiencing homelessness and at risk of homelessness. However, a recipient may not use ESG-CV funds to pay the landlord incentives set forth below in an amount that exceeds three times the rent charged for the unit. Waiving the limitation on eligible costs under housing relocation and stabilization services to pay for the costs of landlord incentives will increase the number of housing units available to people experiencing homelessness or at risk of homelessness, especially in tight rental markets and obtaining and maintaining housing is critical to preventing the spread of coronavirus and helping mitigate the economic impact of the crisis. The limitation to three times the rent charged for each unit ensures enough ESG-CV funds remain available to provide other eligible activities necessary to prevent the spread of coronavirus. Eligible landlord incentive costs include: ● Signing bonuses equal to up to two (2) months of rent; ● Security deposits equal to up to three (3) months of rent; ● Paying the cost to repair damages incurred by the program participant not covered by the security deposit or that are incurred while the program participant is still residing in the unit; and, ● Paying the costs of extra cleaning or maintenance of a program participant’s unit or appliances. ii. Volunteer Incentives. ESG-CV funds can be used for the cost of providing reasonable incentives to volunteers (e.g., cash or gift cards) who have been and are currently helping to provide necessary street outreach, emergency shelter, essential services, and housing relocation and stabilization services during the coronavirus outbreak. iii. Hazard Pay. ESG-CV funds may be used to pay hazard pay for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. Examples of subrecipient staff working directly in support of coronavirus response include emergency shelter intake staff, street outreach teams, emergency shelter maintenance staff, emergency shelter security staff, staff providing essential services (e.g., outpatient health or mental health, housing navigators), and staff in proximity to persons with coronavirus or working in locations with a high likelihood of contracting coronavirus. iv. Training. ESG-CV funds may be used for training on infectious disease prevention and mitigation for staff working directly to prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness and the use of funding shall not be considered administrative costs for purposes of the administrative cap. In addition, the limitations on eligible activities provided in section 415(a) of the McKinney-Vento Homeless Assistance Act and 24 CFR part 576, subpart B are waived and alternative requirements are established to the extent necessary to authorize ESG-CV funds to be used for training on infectious disease DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 8 prevention and mitigation for homeless assistance providers, including those who do not receive funding through the CARES Act, to help them best prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk of homelessness. e) HMIS: ESG-CV funds may be used to pay the costs of contributing data to the HMIS designated by the Continuum of Care (CoC) for the area, including the costs of: i. Purchasing or leasing computer hardware; ii. Purchasing software or software licenses; iii. Purchasing or leasing equipment, including telephones, fax machines, and furniture; iv. Obtaining technical support; v. Leasing office space; vi. Paying charges for electricity, gas, water, phone service, and high-speed data transmission necessary to operate or contribute data to the HMIS; vii. Paying salaries for operating HMIS, including: ● Completing data entry; ● Monitoring and reviewing data quality; ● Completing data analysis; ● Reporting to the HMIS Lead; ● Training staff on using the HMIS or comparable database; and ● Implementing and complying with HMIS requirements; viii. Paying costs of staff to travel to and attend HUD-sponsored and HUD-approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; ix. Paying staff travel costs to conduct intake; and x. Paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum of Care to operate the area's HMIS. If the subrecipient is a victim services provider or a legal services provider, it may use ESG funds to establish and operate a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. DOH’s Required ESG comparable database is the CAFÉ system. DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 13 Eagle County Prof Services Final EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/21/2022 Arthur J.Gallagher Risk Management Services,Inc. 6300 South Syracuse Way Suite 700 Centennial CO 80111 Ginny Shaw 303-889-2556 Ginny_Shaw@ajg.com Zurich American Insurance Company 16535 ARCHOFD-01 Underwriters at Lloyd's London 15792CatholicCharitiesandCommunityServicesof the Archdiocese of Denver,Inc. 6240 Smith Road Denver CO 80216 Princeton Excess &Surplus Lines Ins Co 10786 Old Republic Union Insurance Company 31143 1042449092 B X 1,000,000 X 1,000,000 X SIR -$250,000 5,000 Included 1,000,000 X Y BP1033321 7/1/2021 7/1/2022 1,000,000 A 1,000,000 X X X X SIR $100,000 BAP038463804 7/1/2021 7/1/2022 C X X 5,000,000R2A3FF0000054037/1/2021 7/1/2022 5,000,000 A X N EWS017335907 7/1/2021 7/1/2022 SIR -$250,000 1,000,000 1,000,000 1,000,000 B D E&O Excess BP1033321 8220001257468 7/1/2021 7/1/2021 7/1/2022 7/1/2022 Limit Each Occurrence Aggregate $1,750,000 $5,000,000 $5,000,000 Excess Liability is excess over General Liability,Auto Liability and Professional. RE:Agreement for Professional Services for Eagle County,Colorado for he benefit of Western Slope ministry –Eagle County (Emergency Assistance) Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers are included as Additional Insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. Eagle County,Colorado Attention:Kim Williams 500 Broadway Post Office Box 850 Eagle CO 81631 DocuSign Envelope ID: 175CCE4A-7CC3-449E-9D6F-E4ACC813D946