HomeMy WebLinkAbout20091857.tiffRESOLUTION
RE: APPROVE BLOCK GRANT PROGRAM DISASTER REIMBURSEMENT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR
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 Block Grant Program Disaster
Reimbursement 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 Human Services,
and the Town of Windsor, commencing upon full execution, 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 Block Grant Program Disaster Reimbursement 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 Human Services, and the Town of Windsor 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 5th day of August, A.D., 2009.
ATTEST: gteil
Weld County Clerk to the
ttorney
APEXCUSED
Date of signature. S(i/C9
BOARD OF COUNTY COMMISSIONERS
WL'D �O,�1N . , COLORADO
illiam F. Gar, ia, Chair
cher, Pro-Tem
EXCUSED
Sean P. Conway
Bar ra Kirkmeyer
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David E. Long
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2009-1857
HR0080 O8/' I log
MEMORANDUM
DATE: July 30, 2009
1 TO: William F. Garcia, Chair, Board of County Commissioners
a•iwSO FROM Judy A_ Griego, Director, Human Serv*es Department
COLORADO RE:
Block Grant Program Disaster Reimbursement Agreement
between the Weld County Department of Human Services
and Windsor Housing Authority
Enclosed for Board approval is a Block Grant Program Disaster Reimbursement Agreement
between the Weld County Department of Human Services and Windsor Housing Authority.
The Department, as an agent of the State of Colorado, has been charged with the responsibilities
for the administration and distribution of the Social Services Block Grant (SSBG) Supplemental
Appropriation of Disaster Assistance Funds to reimburse those public and private entities which
were impacted by a series of storms and tornadoes which struck on May 22, 2008.
If you have questions, please give me a call at extension 6510.
2009-1857
BLOCK GRANT PROGRAM
DISASTER REIMBURSEMENT AGREEMENT
This Agreement, by and between the County of Weld, a political subdivision of the State
of Colorado, by and through its Board of County Commissioners, on behalf of the Weld County
Department of Human Services (collectively, "Human Services") and the Windsor Housing
Authority, a Local Housing Authority established pursuant to § 29-4-201, et. seq. (hereinafter
"Applicant"), is effective rytk. ,.V (Akk t Jmie , 2009.
BACKGROUND INFORMATION
WHEREAS, various areas and governmental entities within Weld County, Colorado were
impacted by a series of storms and tornadoes (hereinafter "Disaster") which struck on May 22,
2008; and
WHEREAS, as a result of said Disaster, Weld County Government and many of the
governmental and political entitles within Weld County were called upon to provide aid,
assistance and/or financial relief, and continued to provided aid, assistance and/or financial relief
to the individuals and governmental entities impacted by the Disaster; and
WHEREAS, the U.S Department of Health and Human Services, Administration for
Children and Families, Office of Community Services, Division of State Assistance has been
charged with the responsibility for the administration of a program for the distribution of funds
through the Social Services Block Grant (SSBG) Supplemental Appropriation of Disaster
Assistance Funds; and
WHEREAS, The Consolidated Security, Disaster Assistance and Continuing
Appropriations Act, 2009, (Public Law (P.L.) 110-329) was signed into law on September 30,
2008, providing additional funds to the SSBG program to address necessary expenses resulting
from natural disasters occurring during 2008 for which the President of the United States
declared a major disaster, including social, health, and mental health services for individuals and
for repair, renovation and construction of health facilities, including mental health facilities, child
care centers, and other social services facilities (a copy of the Presidential declaration declaring
the Disaster is attached hereto and made a part of this Agreement); and
WHEREAS, pursuant to Title XX of the Social Security Act, as amended (42 U.S.C.
1397), SSBG Supplemental Funds are available for services which fall within the goals of the
SSBG program and services, and include the following:
*Achieving or maintaining economic self-support to prevent, reduce or eliminate
dependency:
*Achieving or maintaining self-sufficiency, including reduction or prevention of
dependency;
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acc?-/S'i:
*Preventing or remedying neglect, abuse, or exploitation of children and adults
unable to protect their own interests, or preserving, rehabilitating, or reuniting
families;
*Preventing or reducing inappropriate institutional care by providing for
community -based care, home -based care, or other forms of less intensive care;
*Securing referral or admission for institutional care when other forms of care are
not appropriate, or providing services to individuals in institutions.
*Construction projects for which the U.S. Department of Human Services has
granted a specific waiver.
and
WHEREAS, the funds are available to states directly affected by natural disasters and,
therefore, to the State of Colorado as a result of the storms and tornadoes which occurred in
Weld County, Colorado on May 22, 2008; and
WHEREAS, pursuant to C.R.S. §§26-1-101, et seq., the Weld County Department of
Human Services, as an agent of the State of Colorado, has been charged with the responsibilities
for the administration and distribution of the SSBG Supplemental Funds to reimburse those
public and private entities which incurred expenses on or before September 30, 2010, which have
been determined by the U.S. Department of Health and Human Services to qualify for
reimbursement, (hereinafter "qualified expenses"); and
WHEREAS, the State of Colorado, through Human Services must obligate and expend
on or before December 30, 2010, the SSBG Supplemental Funds made available by Public Law
110-329 and 42 U.S.C. 1397 for qualified expenses which were incurred on or before September
30, 2010; and
WHEREAS, Applicant has incurred qualified expenses by providing services and/or
materials detailed below, and is entitled to SSBG Supplemental Funds reimbursement.
NOW THEREFORE, in consideration of the mutual agreements set forth herein, Human
Services and Applicant agree as follows:
1. Background Information. The foregoing Background Information is
incorporated herein by reference.
2. Term. The term of this Agreement shall begin on the date of execution of this
Agreement, and shall expire on the later of December 31, 2015, or upon the date of Applicant's
reimbursement to Human Services of any funds paid by Human Services following denial of said
request by the Colorado Department of Health and Human Services, or the U.S. Department of
Health and Human Services. No Application for benefits provided under this Agreement may be
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submitted prior to Applicant's execution of this Agreement.
3. Responsibilities of Applicant.
a. Applicant shall submit a fully executed application to Human Services on
or before September 17, 2010 for reimbursement of funds expended which relate to the Disaster
which occurred in Weld County in May 2008; and
b. Applicant shall provide Human Services with the original copies of all
documents which support Applicant's request for reimbursement of funds expended for the
purposes outlined in "Background Information", (for example receipts for equipment and/or
materials purchased, timesheets reflecting overtime put in by Applicant's employees, etc.); and
c. Applicant shall cooperate with Human Services in the application process,
including providing additional documentation requested or required by Human Services, the U.S.
Department of Health and Human Services, or the Colorado Department of Health and Human
Services; and
d. In the event that Human Services approves Applicant's Application and
issues a warrant therefore, and a later Federal audit of the administration of the SSBG
Supplemental Funds determines that expenditures enumerated and documented in Applicant's
Application did not qualify for an award of SSBG Supplemental Funds, Applicant agrees to
reimburse Human Services for the disapproved amount within thirty (30) days of Applicant's
receipt of written notice of the disallowance; and
e. Applicant is solely responsible for and liable for the truth and accuracy of
the materials contained within its Application and within the documents submitted in support of
its Application.
4. Responsibilities of Human Services.
a. Human Services shall administer, and shall organize the planning and
implementation of the application process, including the design of the application format and the
review process/procedure; and
b. Human Services shall review the Applicant's application and shall respond
to the Applicant within twenty (20) working days of the submission of the Application, to inform
the Applicant of the sufficiency of the Application, except that Human Services shall respond to
an Application submitted between September 1, 2010 and September 17, 2010, on or before
September 30, 2010; and
c. If Human Services denies an Application, it shall issue a written notice of
disapproval, stating the reasons for the denial, and Applicant shall either submit an amended
Application, or shall appeal the denial within ten (10) working days of the date of the denial
pursuant to the following procedure:
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(i) All appeals shall be made to the Director of Weld County
Department of Human Services (hereinafter "Director");
(ii) The Director shall review and investigate the issues presented by
the appeal and shall a written decision to Applicant within thirty (30)
calendar days of the receipt of Applicant's appeal;
(iii) If Applicant disagrees with the written opinion of the Director,
Applicant may appeal to the Board of County Commissioners of Weld
County (hereinafter "Board") for review by submitting a summary of
Applicant's arguments to the Clerk to the Board within ten (10) working
days of the date of the Director's denial;
(iv) The Board shall set the matter for hearing at its next available date
and shall, within thirty (30) days of the date of the hearing, provide a
written opinion which shall be sent to Applicant and Director.
d. If Human Services approves an Application it deems sufficient, it shall
issue but shall hold a warrant in Applicant's name for all approved expenditures incurred by
Applicant; and
e. Once approved, Human Services shall submit Applicant's Application to
the Colorado Department of Human Services, which shall, in turn, make an independent
determination as to whether Applicant's expenditures which were approved by Human Services
are allowable under the provisions of Public Law 110-329 and 42 U.S.C. 1397; and
f. Human Services will deliver the warrant to Applicant upon receipt of
approval of Applicant's Application from the Colorado Department of Human Services;
g. Human Services shall notify Applicant in writing within ten (10) working
days of a notice by the Colorado Department of I luman Services that the Application has been
disapproved.
h. In the event that Human Services and the Colorado Department of Health
and Human Services approve Applicant's Application and the warrant therefore is issued, and a
later Federal audit of the administration of the SSBG Supplemental Funds determines that
Applicant's enumerated and documented expenses did not qualify for an award of SSBG
Supplemental Funds, Human Services shall deliver a written notice of the disallowance to
Applicant within five (5) working days of its receipt of said disallowance, and
i. Human Services shall have no responsibility to investigate, verify or
confirm the truth and/or accuracy of the materials contained either within an Application or
within the documents submitted in support of Applicant's Application.
6. Compliance with Applicable Laws. At all times during the term of this
Agreement, Applicant and Human Services shall strictly adhere to and comply with all
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applicable federal and state laws, orders and regulations as they currently exist or may hereafter
be amended, including but not limited to all applicable laws and regulations respecting
discrimination. Both parties acknowledge that the following laws are or may be included:
- 42 U.S.C. 1397
- Public Law 110-329
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1
et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.; and
- 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
- 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
- Age Discrimination in Employment Act of 1967; and
- Equal Pay Act of 1963; and
- 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.
7. Certifications. Applicant certifies that all information contained in its
Application and in the supporting documentation is true and correct and that Applicant did
provide personnel, services, materials and/or machinery to one or more disaster sites in Weld
County as a result of the Disaster. Applicant further certifies that the expenses which are the
subject of its Application have not been paid by private or public insurance, F.E.M.A., or other
private or governmental grants or programs, and that if an expense is approved and paid by the
SSBG Supplemental Funds, Applicant will not seek further payment of the expense from those
sources.
8. Termination. This Agreement shall terminate on the later of December 31, 2015,
or upon the date of Applicant's reimbursement to Human Services of any funds paid by Human
Services following denial of said request by the Colorado Department of Health and Human
Services, or the U.S. Department of Health and Human Services.
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9. Relationship of the Parties. Nothing herein shall create or be construed as
creating a partnership, joint venture or agency relationship between the parties.
10. Insurance. Applicant shall not be entitled to reimbursement of a disaster related
expenses if said expenses are/were covered by insurance.
11. Governmental Immunity; Limitation of Liability. Each party to this agreement
shall be responsible for its own actions and any acts of negligence and that of its directors,
officers, employees, agents and representatives in their performance of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no term or condition
hereof shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protection or other provisions of the Colorado Governmental Immunity Act,
C.R.S. §24-10-101 et seq., as now existing or hereafter amended. The provisions of this
Agreement shall be controlled, limited and otherwise modified to limit the liability of the parties
hereto to the above cited law.
12. No Pecuniary Interest. The parties to this Agreement specifically agree that no
officer or employee of Applicant shall have any pecuniary interest, direct or indirect, in this
Agreement or the payment provided for hereunder. Applicant certifies that appropriated Federal
funds have not been paid or will be paid, by or on behalf of the Applicant 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.
The Appearance of Conflict of Interest applies to the relationship of Applicant with
Human Services when the Applicant 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 Applicant to gain from knowledge of these opposing interests. It is only
necessary that Applicant know that the two relationships are in opposition. During the term of the
Agreement, Applicant 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. Applicant shall submit to Human Services, a full 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,
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for cause, of its contract with Applicant.
13. Records. Applicant and Human Services shall maintain sufficient and adequate
records to provide accurate disclosure of the status of the funds received under this Agreement
through December 31, 2015, or through the completion and resolution of an audit which is in
process on December 31, 2015, to assure compliance with the terms hereof and to permit any
duly authorized agent to audit and monitor said records. Applicant agrees to maintain
confidentiality of the records created by it pursuant to this Agreement. This obligation to protect
confidential information shall survive the termination of this Agreement. Such records shall be
sufficient to allow authorized local, Federal, and State auditors and representatives to audit and
monitor the SSBG Supplemental Funds application process.
All such records, documents, communications, and other materials submitted to Human
Services by Applicant shall be maintained by it in a central location as custodian through
December 31, 2015, or through the completion of as audit which is on process on December 31,
2015, or for such further period as may be necessary to resolve any matters which may be
pending. If an audit by or on behalf of the federal and/or state government has begun but is not
completed on December 31, 2015, or if audit findings have not been resolved by that date, the
materials shall be retained until the resolution of the audit finding.
14. Funds. Applicant acknowledges that the source of funds to be used under this
Agreement is SSBG Supplemental Funds, authorized by Public Law 110-329 and that nothing
contained herein shall create an obligation on the part of Weld County to expend funds not
otherwise appropriated.
15. Notice. For purposes of this Agreement, the individuals identified below are
designated representatives of the respective parties. All notices required to be given by the
parties hereunder shall be hand delivered or sent by certified or registered mail to such
representatives at the addresses set forth below. Either party may change its representative by
giving notice as described herein.
If to Human Services:
If to Applicant :
Judy Griego, Director
Weld County Department of Human Services
P.O. Box A
Greeley, CO 80632
Kelly Mannon, Executive Director
1027 Walnut Street
Windsor, CO 80550
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16. Legal Authority. Each party hereto warrants that it has the legal authority to
enter into this Agreement and that it has taken all actions required by its procedures, by-laws
and/or applicable law to exercise that authority and to lawfully authorize its undersigned
signatory to execute this Agreement.
17. Modification and Amendment. This Agreement is subject to such
modifications as may be required by changes in federal or state law or their implementing
regulations. Any such required modification shall automatically be incorporated into and be a
part of this Agreement on the effective date of such changes as if fully set forth herein. Except as
provided above, no modification of this Agreement shall be effective unless agreed to in writing
by both parties.
18. Assignment. This Agreement may not be assigned by either party.
19. Force Majeure. Neither party to this Agreement will be deemed to be in breach
thereof if it is or it reasonably determines it is prevented from performing any of its duties or
obligations for any reason beyond such party's control, including without limitation flood, storm,
strikes, acts of God or the public enemy or statute, ordinance, regulation, rule or action of any
applicable governmental entity.
20. Third Party Beneficiaries. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement and all rights of action relating to
such enforcement shall be strictly reserved to Applicant and Human Services. Nothing contained
herein shall give or allow any claim or right of action whatsoever by any third person.
21. Complete Agreement; Binding Effect. This Agreement constitutes the
complete agreement of the parties with respect to the subject matter hereof. This Agreement
shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted
assigns.
22. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
23. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be illegal or unenforceable for any reason, such clause or provision
shall be modified to the extent necessary to make this Agreement legal and enforceable. If it
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cannot be so modified, such clause or provision shall be severed from the remainder of the
Agreement to allow the remainder to remain in full force and effect.
24. Waiver. The waiver of any breach of a term, provision or requirement of this
Agreement shall not be construed or deemed as a waiver of any subsequent breach of such term
or any other provisions hereof.
25. Remedies. The Director of Human Services or designee may exercise the
following remedial actions should s/he find Applicant substantially failed to satisfy the
requirements of the application process established by Human Services. These remedial actions
are as follows:
a. Deny payment to or recover reimbursement from Applicant for those claims for
reimbursement submitted by Applicant for expenses which fail to meet the requirements of
Public Law 110-329 and 42 U.S.C. 1397.
b. Collection of any incorrect payment to Applicant made as the result of an
omission, error, fraud, and/or defalcation. Any collection from Applicant shall be accomplished
by deduction from subsequent payments under this Agreement or other agreements between
Human Services and Applicant or by Human Services' initiation of a civil action to recover the
funds as a debt due to Human Services or otherwise as provided by law.
26. Litigation. Applicant shall promptly notify Human Services in the event that it
learns of any actual litigation in which it is a party defendant in a case which involves services
provided under this Agreement. Applicant, 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.
27. Definitions.
Applicant: The governmental or private entity which submits an application for
reimbursement to the Weld County Department of Human Services pursuant to 42 U.S.C. 1397
and Public Law 110-329, which authorized the SSBG Supplemental Funds which is the subject
of this Agreement.
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Application: The form or format created by the Weld County Department of Human
Services which an Applicant shall submit requesting reimbursement of expenditures made by
Applicant during or following and due to the Disaster. The Application includes all
documentation necessary to substantiate the request for reimbursement.
Consolidated Security, Disaster Assistance and Continuing Appropriations Act, 2009,
(Public Law (P.L.) 110-329): This federal legislation was signed into law on September 30,
2008. It provided additional funds to the SSBG program to address necessary expenses resulting
from natural disasters occurring during 2008 for which the President of the United States
declared a major disaster, including social, health, and mental health services for individuals and
for repair, renovation and construction of health facilities, including mental health facilities, child
care centers, and other social services facilities.
Disaster: The tornadoes and severe storms which occurred in Weld County, Colorado on
or about May 22, 2008, and was declared a major disaster by the President of the United States.
Reimbursable Expense: An expenses incurred by Applicant as a result of the Disaster,
and which is allowed under the terms of the Consolidated Security, Disaster Assistance and
Continuing Appropriations Act, 2009, (Public Law (P.L.) 110-329) and Title XX of the Social
Security Act, as amended (42 U.S.C. 1397). An expense which has been paid by public or private
insurance, F.E.M.A. or other governmental grants or programs is not a reimbursable expense.
Title XX of the Social Security Act, as amended (42 U.S.C. 1397): This Federal
legislation sets forth the goals and criteria by which applications for reimbursement for expenses
incurred due to the Disaster are to be evaluated under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
below:
APPLICANT
WINDSOR HOUSING AUTHORITY
By:
Attest:
Joh
Patti Garcia, n Clerk
Date:
Or t..
COUNTY OF WELD COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF
WELD,
ON BEHALF OF THE WELD COUNTY
DEPARTMENT OF HUMAN SERVICES
Attest:
William F. Garcia, Chairman
Deputy Cl- to the Board
APPROVED AS TO FORM:
my Attori e
APPROVED AS TO SUBSTANCE:
By:
11,0
J A. Grgo, Dire tor, We d County
Dc oartmen of Humth Services
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