HomeMy WebLinkAbout20102294.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN —WELD
FOOD BANK
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 an Agreement for Services 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 Human Services, and the Weld Food Bank, commencing
September 24, 2010, and ending August 30, 2011,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, that the Agreement for Services 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
Human Services, and the Weld Food Bank, 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 29th day of September, A.D., 2010, nunc pro tunc September 24, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Date of signature: I
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HR0081
MEMORANDUM
fat avel‘l71 DATE: September 27, 2010
IIID€ TO: Douglas Rademacher, Chair, Board of unt Copimi lon{errs�(}��
FROM: Judy A. Griego, Director, Human Serv' s De l/meent — 7� —
•
COLORADO RE: Agreement for Services between the Weld County Department
of Human Services and the Weld Food Bank — Community
Services Block Grant American Recovery and Reinvestment
Act Agreement
Enclosed for Board approval is an Agreement for Services between the Weld County Department of
Human Services and the Weld Food Bank. This Agreement for Services is the Department's
Community Services Block Grant American Recovery and Reinvestment Act Agreement. This
Agreement was presented at the Board's September 27, 2010, Work Session.
This Agreement allows the Department to transfer $180,000.00 to the Weld Food Bank to
purchase emergency food and personal hygiene products to issue to residents of Weld County that
are below 200% of federal poverty and are Lawful Permanent Residents.
If you have questions, please give me a call at extension 6510.
2010-2294
Contract No.FY I 0-CSBG-02
AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND WELD FOOD BANK
This Agreement,made and entered into this day of September,2010 by and between the Board
of County Commissioners,on behalf of the Weld County Department of Human Services,hereinafter referred
to as "Human Services," and "Weld Food Bank," hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld, pursuant to the Weld County Home Rule Charter, has provided
Community Services Block Grant American Recovery and Reinvestment Act funds for emergency food needs
and personal hygiene products for needy Weld County residents as identified by the Contractor; and
WHEREAS,Human Services desires to enter into an agreement with the Contractor to assist Human
Services in providing emergency assistance to eligible individuals.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Terms
This Agreement shall become effective September 24,2010,upon proper execution of this Agreement
and shall expire August 30, 2011. 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 August 30, 2011.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for Community Services Block
Grant services in compliance with Exhibit A "Scope of Services," a copy of which is attached and
incorporated by reference.
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is
attached and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Human Services for all costs
incurred pursuant to Exhibit A of this Agreement in accordance with criteria established by
Human Services. The Contractor shall submit all itemized monthly billings to the Human
Services no later than the fifteenth (15) day of the month following the month the cost was
incurred. Billings must be signed by the Contractor.
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Contract No.FYI 0-CSBG-02
Failure to submit monthly billings in accordance with the terms of this agreement shall result
in the Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to the Contractor shall be made monthly by Human Services upon receipt of such
itemized billings as required under Exhibits A and B.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the
availability of Weld County funds to Human Services.
e. Human Services shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit A. Work performed prior to the
execution of this Contract shall not be reimbursed or considered part of this Agreement.
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 Community Services Block Grant must conform to the Single Audit Act of
1984 and OMB Circular A-128.
5. Payment Method
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 the agreement.
b. Human 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 C, which is attached
hereto and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract, the Contractor shall strictly adhere to all
applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or
guidelines issued pursuant thereto. This includes the protection of the confidentiality of all
applicant/recipient records, papers, documents, tapes and any other materials that have been or may
hereafter be established which relate to this Contract. The Contractor acknowledges that the following
laws are included:
-Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1
a seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.;
and
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Contract No.FYI 0-CSBG-02
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section
794, and its implementing regulation, 45 C.F.R. Part 84; and
- The Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq.
and its implementation regulation, 45 C.F.R. Part 91; and
-Title VII of the Civil Rights Act of 1964; and
-The Age Discrimination in Employment Act of 1967; and
-the Equal Pay Act of 1963; and
-the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986, P.L. 99-603;
and all regulations applicable to these laws prohibiting discrimination because of race,color,national
origin,and,sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)or
AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended,
cited above. Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be
taken to assure that small and minority businesses are utilized,when possible,as sources of supplies,
equipment,construction and services. This assurance is given in consideration of and for the purpose
of obtaining any and all federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint either
with the Colorado Department of Human Services or with the U.S.Department of Health and Human
Services, Office for Civil Rights.
8. Certifications
Contractor certifies that, at the time of entering into this Contract, it has currently in effect all
necessary licenses,approvals,insurance,etc. required to properly provide the services and/or supplies
covered by this contract.
9. Monitoring and Evaluation
The Contractor and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and Human Services. The results of the monitoring
and evaluation shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit Human Services, 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 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.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Human 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;
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Contract No. FY I0-CSBG-02
b. 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 Human Services. Denial of the amount
of payment shall be reasonably related to the amount of work or deliverables lost to Human
Services;
c. Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement or
other agreements between Human Services and the Contractor, or by Human Services as a
debt due to Human Services or otherwise as provided by law.
12. Representatives
For the purpose 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 Human Services: For the Contractor:
John Kruse, A.P. Administrator Leona Martens, Executive Director
Name Title Name Title
13. 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: Human Services To:
Judy A. Griego, Director Leona Martens
P.O. Box A 1108 H Street
Greeley, CO 80631 Greeley, CO 80631
14. Litigation
The Contractor shall promptly notify Human 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, within 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 Human Services' Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy,
reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written notice and
is subject to the availability of funding.
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Contract No.FY 10-CSBG-02
16. 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 9 herein.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
ATTEST: c r
�,tt1l... iii 1
Weld County Clerk to the B it'd a ��� BOARD OF COUNTY COMMISSIONERS
' =N ��.r WELD COUNTY, COLORADO
t . s' r�
BY:
Deputy Clerk the Board `�" sl�, Dougl s Radema er, Chair
APPROVED AS T3RM: SEP 2 9 2010
WEL OOD BANK, INF
uce Barker,County Attorney
•
C\13_oard Preside
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
Jud .Greg , Dire t r
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aoio -aa5
Contract No.FYI0-CSBG-02
EXHIBTT A
SCOPE OF SERVICES
1. General Scope of Services
The Contractor agrees to participate in the program by providing emergency food and personal
hygiene products to individuals determined by the Contractor to be eligible for this assistance as
outlined below.
2. Eligible Recipients
The contractor will only provide emergency food assistance and personal hygiene products to the
following people:
1. Gross family income is declared to be below 200% of 2009 federal poverty levels.
2. Applicant for emergency food assistance must be a Lawful Permanent Resident of the United
States.
Human Services and the Colorado Department of Local Affairs shall be allowed to review all case file
documents that were used to determine if the recipient was eligible for assistance issued under this
Agreement.
3. Reporting Requirements
The Contractor agrees to submit quarterly reports to Human Services until all of the food is gone. The
quarterly reports should show, at a minimum, the following:
1. Number of household receiving emergency food assistance
2. Number of people in the household receiving emergency food assistance
3. Any other demographic information about the households and people in the households that is
captured by the contractor during the issuance of the emergency food assistance
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Contract No.FY 10-CSBG-02
EXHIBIT B
PAYMENT SCHEDULE
l. Funding and Method of Payment
By September 30,2010,Human Services agrees to reimburse the Contractor,a one-time amount,not
to exceed One Hundred and Eighty Thousand Dollars ($180,000) to purchase food and personal
hygiene products that were received by the Contractor between September 24, 2010 and September
30, 2010.
Expenses incurred by the Contractor, in association with said project prior to the term of this
Agreement, are not eligible expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Weld County funds,whether in whole or in part,is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof. In the
event that said funds, or any part thereof, become unavailable as determined by Human Services,
Human Services may immediately terminate this Contract or amend it accordingly.
2. Submittal of Invoice
The Contractor agrees to submit one invoice to Weld County Department of Human Services, P.O.
Box A,Greeley,Colorado 80632. When submitting the invoice,the Weld Food Bank shall itemize all
food and personal hygiene purchases. Please have all supporting documentation available to
substantiate the purchases, if requested.
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Contract No.FY 10-CSBG-02
EXHIBIT C
ASSURANCES
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 upon request, the Contractor shall provide Human
Services with the acceptable evidence that such coverage is in effect.
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,subsections,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.
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 representatives to
audit and monitor the Contractor.
9. All such records, documents, communications, and other materials shall be the property of Human
Services and shall be maintained by the Contractor, in a central location and custodian, in behalf of
Human Services,for a period of three(3)years from the date of final payment under this Contract,or
for such further period as may be necessary to resolve any matters which may be pending,or until an
audit has been completed with the following qualification: If an audit by or on behalf of the federal
and/or state government has begun but is not completed at the end of the three(3)year period, or if
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Contract No.FY10-CSBG-02
audit findings have not been resolved after a three(3)year period,the materials shall be retained until
the resolution of the audit finding.
10. 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.
11. This Agreement shall be binding upon the parties hereto,their successors,heirs,legal representatives,
and assigns. The Contractor of Human Services may not assign any of its rights or obligations
hereunder without the prior written consent of both parties.
12. 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.
13. The Contractor assures that it will fully comply with the Community Services Block Grant Program
regulation 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: Community
Services Block Grant Funds.
14. 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 of agency.
b. Have not,within a three-year period of 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.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services
when the Contractor also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest, it is not necessary for the
contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor
know that the two relationships are in opposition.
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Contract No.FY 10-CSBG-02
During the term of the Contract the Contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of
interest situation, the Contractor shall submit to Human Services, a MI disclosure statement setting
forth the details that create the appearance of a conflict of interest. Failure to promptly submit a
disclosure statement required by this paragraph shall constitute grounds for Human Services'
termination, for cause, of its contract with the Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected the
administration of the Community Services Block Grant Program, no information about or obtained
from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian. Contractor shall have written policies
governing access to,duplication and dissemination of,all such information. Contractor shall advise its
employees, agents and subcontractors, if any, that they are subject to these confidentiality
requirements. Contractor shall provide its employees,agents,and subcontractors,if any,with a copy
or written explanation of these confidentiality requirements before access to confidential data is
permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development,trade secrets,business affairs,internal operations and management procedures and those
of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third
parties, (2)that which is in the public domain, or(3)that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any
proprietary information concerning the other party obtained as a result of this Contract. Any
proprietary information removed from the State's site by the Contractor in the course of providing
services under this Contract will be accorded at least the same precautions as are employed by the
Contractor for similar information in the course of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.)26-6-104, requiring
criminal background record checks for all employees, contractors, and sub-contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-
17.5-101,et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Contract. Contractor represents,warrants,and agrees that it(a)has verified that it does not
employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program
administered by the Human Security Administration and Department of Homeland Security,and(b)
otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply
with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the
Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement
of this provision or C.R.S. 8-17.5-101,et seq.,Human Services may terminate this Contract for breach
and Contractor shall be liable for actual and consequential damages to Human Services.
Except where exempted by federal law and except as provided in C.R.S.24-76.5-103(3),if Contractor
receives federal or state funds under this Contract,Contractor must confirm that any individual natural
person eighteen(18)years of age or older is lawfully present in the United States pursuant to C.R.S.
24-76.5-103(4) if such individual applies for public benefits provided under this Contract. If
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Contract No. FY 10-CSBO-02
Contractor operates as a sole proprietor,it hereby swears or affirms under penalty of perjury that it(a)
is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal
law,(b)shall produce one of the forms of identification required by C.R.S. 24-76.5-101,et seq.,and
(c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the
effective date of this Contract.
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