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HomeMy WebLinkAbout20101413.tiff RESOLUTION RE: APPROVE GRANTEE AGENCY PERIODIC CONTRACT AND AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY, INC. 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 Grantee Agency Periodic Contract and 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 Public Health and Environment, and United Way of Weld County, Inc., commencing July 1, 2010, and ending June 30, 2012,with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Grantee Agency Periodic Contract and 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 Public Health and Environment, and United Way of Weld County, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS L WELD CO • RADO ATTEST: • � �"�� , � ..�III.0(• ia,i l = ougla ademach r, air Wee .ounty Clerk to the rbara Kirkmeyer, ro-Tem Depu lerk ? he Board Sea P., �i f ay C APPR D AS TO F (/,(/ // ." William F. Garcia unt Attorney EXCUSED David E. Long Date of signature: Mac(Io a Or I tic Aura- tt 3t 1 _e- LQ h L tvo—A 2010-1413 HL0037 Memorandum TO: Douglas Rademacher, Chair Board of County Commissioners l C FROM: Mark E. Wallace, MD, MPH, Director Department of Public He lth ' t Environment Q�� • COLORADO DATE: May 19, 2010 SUBJECT: Continuance of United Way Prenatal Community Outreach Grant Enclosed for Board review and approval is a Contact agreement between the United Way of Weld County for funds to continue the Prenatal Community Outreach Program at the Weld County Department of Public Health and Environment for the two year period of 7/1/2010 to 6/30/2012 for the amount of$110,019. This grant provides funding for the continuance of a Prenatal Outreach Coordinator to assist prenatal clients with early prenatal healthcare appointments; provide follow up with prenatal clients to ensure that they went to their prenatal appointment and their next appointment scheduled; provide community resource referrals; and educational opportunities for pregnant teens. This person will be housed at the Weld County Department of Public Health and Environment, but will also serve areas of Southern Weld County. I recommend your approval of this funding request. Enclosure 2010-1413 t. UNITED WAY OF WELD COUNTY, INC. GRANTEE AGENCY PERIODIC CONTRACT A contract between UNITED WAY OF WELD COUNTY, P.O. Box 1944, Greeley, Colorado 80632, and WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT, 1555 N. 17th Avenue, Greeley, CO, 80631, from July 1, 2010 to June 30, 2012. WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT AGREES TO: 1. Be responsible and accountable for the "Grantee Agency Agreement". 2. Familiarize and abide by all policies pertinent to the Agency/United Way of Weld County relationship, specifically the Grantee Agency Fund-Raising Policy. 3. Provide support to United Way of Weld County, its philosophy, mission and goals, and specifically support the campaign, fund distribution process and community problem solving efforts and process. 4. Work with United Way and other community agencies in meeting human care needs, preventing duplication of services, and promoting high standards of performance. 5. Respond to all requests for information, reporting forms, applications for federated campaigns, and budget packets in a timely manner and take responsibility for meeting all deadlines regarding the same. 6. Be accountable for outcome table and client numbers (Attachment A) as submitted and approved by United Way of Weld County. UNITED WAY OF WELD COUNTY AGREES TO: 1. Be subject to the "Grantee Agency Agreement". 2. Recognize the autonomy of the agency and its position in determining the nature and scope of its programs and services. 3. Support and promote affiliate agencies in year round publicity and activities. 4. Support the agency's philosophy, mission and goals. 5. Work with the agency in meeting human care needs. 6. Provide access for the agency to participate in federated campaigns. Facilitate and manage the applications to the federated campaigns. 2010-2012 7. Reimburse WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT $55,009 for the 2010-11 funding cycle and $55,009 for the 2011-12 funding cycle. Payment will be on a cost reimbursement basis for the attached agreed upon client numbers and outcomes on Attachment A. 8. Reimbursement for services shall be made quarterly. No payments from a funding cycle will be made on bills submitted after one month following the close of the fiscal year. The United Way of Weld County and the agency agree that second year funding received through the United Way is not available until the beginning of the second year. These funds are a function of the collection of the United Way campaign pledges and accounts receivable, as well as other factors. Therefore, the agency agrees to abide by the discretionary distribution of United Way funds and acknowledges that if United Way d?O/0-1y/3 UNITED WAY OF WELD COUNTY, INC. GRANTEE AGENCY PERIODIC CONTRACT Page 2 funds are not available because of reduced receipts, that the agency's allocation may be adjusted or reduced. This contract shall be in effect from July 1, 2010 to June 30, 2012. This contract is dependent upon United Way of Weld County collectibles for the 2011 and 2012 campaign. Therefore United Way of Weld County reserves the right to adjust this contract. This is to certify that this contract was considered and reviewed and its execution authorized by proper action by the agency's board of directors at a meeting held (Y\cu t t3 , 2010, to be effective upon approval of the United Way. Dated this 3 4 day of — , 2010 ougl s Rade cher, Chair JUN 3 0 2010 Weld County B and of Commissioners '1 a,,k 1� o e cw` Sa4/aoio Grantee Agency Executive Director kr Approved this k�day of , 2010 THE UNITED A F WELD COUNTY, INC. —Q United ay of Weld C r - County xecutive Director- / nited Way Weld County Board Chairman 070/0-/W3 • UNITED WAY OF WELD COUNTY, INC. GRANTEE AGENCY AGREEMENT An agreement between the United Way of Weld County hereinafter referred to as UNITED WAY, and WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT, hereinafter referred to as the AGENCY. IT IS MUTUALLY AGREED THAT: AGENCY elects and agrees to enter into a partnership with UNITED WAY as a Funded Partner Agency thereof, and to participate and support the United Way annual mission, goals, values and strategies for the support of community needs with the understanding that: 1. AGENCY is, and during the term of this Agreement shall be and remain, a charitable 501(c)3 non-profit organization or have other non-profit status such as governmental entity, faith based organization or educational institution, engaged in charitable services with contributions thereto deductible for the purposes of Federal and State Income Taxes. This non-profit status shall be verified in a manner acceptable to UNITED WAY at the execution of this Agreement, as well as, upon request of UNITED WAY during the term of this Agreement. Should the AGENCY have a change in its charitable purpose or no longer have a charitable purpose, AGENCY shall immediately notify UNITED WAY. Any change in AGENCY'S exempt status shall be reported immediately to UNITED WAY. 2. AGENCY agrees to operate under all state and federal regulations, as appropriate, including: registered with the Colorado Secretary State as an AGENCY in good standing, registered under the Colorado Charitable Solicitation Act, meeting Sarbanes Oxley requirements, and Patriot Act requirements. 3. AGENCY during the terms of this Agreement shall be and will remain, under the governance and direction of a soundly constituted volunteer Board of Directors or Trustees of reasonable size that meets at least four (4) times annually. Attendance of members shall be sufficiently regular to indicate genuine interest and participation. The Board shall ensure that established financial and administrative policies and procedures are adequate to assure efficient and economical operation consistent with the mission and purpose AGENCY. (It is recommended based on sound nonprofit governance practices that by-laws require board member term limits and require rotation off the board for a period of time before re-nomination for a board position.) 4. AGENCY agrees to operate with a current and sound statement of personnel practices approved by its governing body. Policies shall be in place regarding sexual harassment and non-discrimination with regard to race, color, sex, religion, national origin, age or physical handicap. Policies shall apply to the persons served by AGENCY, staff members hired, and to volunteer membership and the governing board. 5. AGENCY shall render a quality health and human service and in such quantity that a genuine community need is met. 6. AGENCY shall provide services at such times and at such locations as to be available and accessible to clients. Facilities must be adequately accessible to clients. 7. AGENCY agrees to maximize the use of volunteers consistent with effective and efficient management and appropriate for program delivery or be able to explain why a waiver is necessary. otio-/q13 8. AGENCY shall use generally accepted accounting principles for nonprofit organizations to ensure strong fiscal management and maintain regular records of accounts, open to inspection by representatives of UNITED WAY. From time to time, AGENCY agrees to provide financial information and program reports. If the total operating budget exceeds $100,000, AGENCY agrees to complete an annual, independent audit according to generally accepted auditing standards. If AGENCY falls below the limits for an independent audit, AGENCY will complete an annual independent Internal Review. 9. If AGENCY operates under religious or political auspices, AGENCY shall clearly distinguish both in its budget and program services a distinction between its religious services and those of a charitable, character-building, or recreational nature. 10. AGENCY shall carry all appropriate insurance including liability insurance and fidelity bond coverage. 11. If AGENCY is accredited by a state or federal licensing review or an accreditation system, AGENCY agrees to provide proof of current accreditation or licensing upon request by UNITED WAY. If AGENCY operates under national, state or local charter, AGENCY agrees to provide services consistent with that charter. If AGENCY is evaluated by a private accreditation body and/or a national membership organization, AGENCY agrees to share its evaluation upon request by UNITED WAY. 12. AGENCY agrees to work with other agencies, groups and organizations, private or public, to improve the lives of people and to participate in coordination, collaboration, and communication to avoid duplication and enhance delivery of services. 13. AGENCY shall comply with nonprofit rules and regulations required by the IRS and the State of Colorado, i.e., operating within the limits of legal documents (Articles of Incorporation, By-laws; Form 1023, etc.); disclosure requirements; lobbying restrictions; substantiation of charitable contributions; employment laws and employment reporting; annual financial reporting requirements; operation of bingo and raffles; and other requirements. If the AGENCY operates as a 501 (c) (3) an annual form 990 must be completed. 14. UNITED WAY annually shall conduct a fundraising Campaign for the support of health and human service programs and for its own support in Weld County, Colorado. AGENCY agrees to support United Way's annual campaign. 15. Insofar as is practical, UNITED WAY, in its Campaign and other endeavors, shall promote the identity and accomplishments of AGENCY programs. For such purpose the AGENCY grants to UNITED WAY the right to use, exhibit, and publicize the name, logo, and accomplishments of the programs provided by AGENCY. 16. In each funding year, as determined by UNITED WAY, UNITED WAY shall distribute at its discretion, the proceeds of its annual community fund raising Campaign for such year. Pledges made to any UNITED WAY, but specifically designated to AGENCY shall be paid directly to AGENCY according to United Way of Weld County Designation Policies and Procedures. 17. AGENCY acknowledges that any funding received through UNITED WAY is a function of the collection of the UNITED WAY annual Campaign pledges and accounts receivable. Therefore, AGENCY agrees to abide by the discretionary distribution of UNITED WAY funds and acknowledges that if UNITED WAY funds are not available because of reduced receipts, that AGENCIES allocation may be adjusted or reduced. 18. AGENCY and any of its funded programs and activities insofar as is reasonable, shall give due recognition to UNITED WAY for its financial support and assistance. The UNITED WAY logo shall appear on publications, and other appropriate materials. In addition, AGENCY shall give support to each UNITED WAY joint Campaign, which includes but is not limited to the Colorado Combined Campaign and Combined Federal Campaign, and for such purpose shall make available to the Campaign its volunteer and professional leadership. AGENCY agrees to provide all necessary documentation for the Colorado Combined Campaign and Combined Federal Campaign as well as provide all annual documentation and reports requested by UNITED WAY (see Attachment B). AGENCY will render such other assistance as will promote the success of the Campaign. 19. AGENCY agrees to accept any apportionment of funds made to it by UNITED WAY, upon terms and conditions established by UNITED WAY, for the determined funding period. 20. AGENCY agrees to abide by any fund-raising policies and guidelines established by UNITED WAY. 21. AGENCY may terminate this agreement prior to the end of the contract period by filing with the Executive Director of UNITED WAY written notice of termination not less than 45 days prior to the end of the contract period as stated in the UNITED WAY Periodic Contract. Termination of AGENCY shall be subject to an accounting by AGENCY to UNITED WAY and UNITED WAY'S approval of such accounting. AGENCY hereby agrees to make available to UNITED WAY whatsoever books, accounts, and records of any description which UNITED WAY wishes to review. UNITED WAY funding that had not been expended will be returned to UNITED WAY. 22. UNITED WAY may terminate this Agreement with AGENCY for any reason including a breach of this Agreement by giving AGENCY a 45 day written notice of such proposed termination at the address of AGENCY listed herein. 23. Additional procedures regarding termination may be defined by UNITED WAY from time to time, and such procedures are herein incorporated by reference into this Agreement. In the event AGENCY breaches this Agreement, then UNITED WAY may, without notice at its discretion, cease the allocation of funds to AGENCY until such time as a hearing may be held to determine whether termination is an appropriate remedy. Such hearing shall be scheduled by giving AGENCY a 20 day written notice of the hearing on termination at the address of AGENCY listed herein, and providing for a hearing before the UNITED WAY Executive Committee, at which time said AGENCY may be present and/or represented. 24. In the event this Agreement for any reason is canceled by AGENCY, AGENCY, if it substantially continues its functions for which its current funding award from UNITED WAY was made, may, at UNITED WAY'S discretion, continue to receive payments from its allocated balance for the remainder of the funding period. AGENCY may not announce, publicize, conduct, or participate in any other financial appeal or Campaign in the area served by UNITED WAY in the contract year in which they agree to receive funds raised by UNITED WAY. 25. In the event this Agreement is canceled by UNITED WAY, after notice and hearing as provided by this Agreement, then all payments to AGENCY shall cease, unless the Executive Committee of UNITED WAY, at the time of cancellation shall order otherwise. In no event shall payment be made to AGENCY beyond the end of the current contract period or that time period designated by the Board of Directors of UNITED WAY. 26. This Agreement shall continue for the term of the contract. 27. AGENCY agrees to execute such documents as UNITED WAY may request to carry out the intent of this Agreement. 28. The parties agree that all remedies against each other are herein defined, and no remedies against each other exist beyond those set forth in this Agreement. 29. The parties acknowledge that this Agreement may be supplemented on a periodic basis by an Agency Periodic Contract which terms are incorporated herein as if set forth verbatim. The parties further acknowledge that UNITED WAY may from time to time, at their discretion, submit to AGENCY for execution a revision of this Partnering Agency Agreement. 30. The AGENCY warrants that it possesses the legal authority to enter into this Agreement and it has taken all actions required by its procedures, bylaws, and/or applicable laws to exercise that authority and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the AGENCY to its terms. The person executing this Agreement on behalf of the AGENCY warrants that such persons have sole authorization to execute this Agreement. WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT DATED this 3)th day of 144A-I2-?, , 2010 taciacici ougl s Rademach r, Chair, Weld County Board of Commissioners JUN 3 0 2010 rY\i1cwA2F 2i p-Q-Q.aiD 1/45162v1a0/o Executive Director UNITED WAY OF WELD COUNTY, INC. APPROVED this it day of Rh , 2010 United Way eld County Board Chair or Author ed . •ent United Way of Weld County Executive a irector aO/O—/e/13 Hello