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Home My WebLink About20043563.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 Social Services, and Weld Food Bank, commencing January 1,2005,and ending December 31,2005,with furtherterms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,ex-officio Board of Social Services,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 Social Services, and 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 22nd day of December, A.D., 2004. BOARD D OF COUNTY COMMISSIONERS EL W COUNTY, COLORADO • aei If Robert D. Masden, Chair lerk to the Board Irej William H. J ke, Pro-Tem puty Cler to the Board M. ile AP DAST • e jLon / p C my ttorne frite "lc Glenn Vaud Date of signature: / / 2004-3563 SS0031 •,n: S � 6,2 ) Of -70 -67 L....%:' DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, CO. 80632/54tWebsite:www.co.weld.co.us ' Administration and Public Assistance(970)352-1551 iiiChild Support(970)352-6933 O COLORADO • MEMORANDUM TO: Robert D. Masden, Chair Date: December 17, 2004 Board of County Commissioners n FR: Judy A. Griego, Director, Social Services4 t L RE: Agreement for Services Between the Wel County Department of Social Services and Weld Food Bank Enclosed for Board approval is an Agreement for Services between the Weld County Department of Social Services (Department) and the Weld Food Bank. The Agreement was discussed and reviewed at the Board's Work Session of December 13, 2004. The major provisions of the Agreement are: 1. The term of the Agreement is Calendar Year 2005. 2. The Weld Food Bank will provide food baskets for Colorado Works or Temporary Assistance for Needy Families (TANF) eligible clients. 3. The Department will provide reimbursement to the Weld Food Bank for a maximum reimbursement level is $10,000 at a rate of$20.00 per food basket. Calendar Year 2004 total reimbursement level was $8,500 at a rate of$19.70 per food basket. 4. The source of funding is Colorado Works or TANF. If you have any questions,please telephone me at extension 6510. 2004-3563 Contract No. FY05-TANF-0022 AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND WELD FOOD BANK This Agreement, made and entered into this day of December, 2004, by and between the Board of County Commissioners, on behalf of the Weld County Department of Social Services, hereinafter referred to as "Social Services, " and "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 TANF resources for emergency food needs to needy Weld County residents as identified by Social Services; and WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services in providing emergency services 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 January 1, 2005, upon proper execution of this Agreement and shall expire December 31, 2005. The Contractor agrees that time is 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 December 31, 2005 . 2 . Scope of Services Services shall be provided by the Contractor to any person(s) eligible for General Assistance 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. Page 1 of 6 Contract No. FY05-TANF-0022 b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services. The Contractor shall submit all itemized monthly billings to the Social 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. 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 Social 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 Social Services. e. Social 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. 3 . 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 General Assistance must conform to the Single Audit Act of 1984 and OMB Circular A-128 . 4 . 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. Social Services may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. Page 2 of 6 Contract No. FY05-TANF-0022 5. 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. 6. 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 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 - 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 Social Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. 7. 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. Page 3 of 6 Contract No. FY0S-TANF-0022 8 . Monitoring and Evaluation The Contractor and Social Services agree that monitoring and evaluation of the performance of this Agreement shall be conducted by the Contractor and Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners . The Contractor shall permit Social 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. 9. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 10. Remedies The Director of Social Services or designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the Contractor. These remedial actions are as follows: a. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; b. 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 Social Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Social 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 Social Services and the Contractor, or by social Services as a debt due to Social Services or otherwise as provided by law. 11. Representatives For the 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) : Page 4 of 6 Contract No. FY05-TANF-0022 For Social Services : For the Contractor: Richard Rowe, A.P. Administrator Leona Martens, Executive Director Name Title Name Title 12 . 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: Social Services To: Judy A. Griego, Director Leona Martens P.O. Box A 104 11th Ave. Greeley, CO 80631 Greeley, CO 80631 13 . Litigation The Contractor shall promptly notify Social Services in the event that the Contractor learns of any actual litigation in which it is a party defendant in a case which involves services provided under this Agreement. The Contractor, 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 Social Services ' Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 14 . 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. 15. 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. Page 5 of 6 • Contract No. FY05-TANF-0022 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first t above// written. FF / � H Held Count Clerk to the Board BOARD OF COUNTY COMMISSIONERS Igy WLDE COUNTY, COLORADO g y Cler to the Board Robert D. Ma den,Chair DEC 2 2 2004 APPROVED AS TO FORM: WELD FOOD BANK, INC Br e B r1, r, C my Attorney �� / Board Presi$ent WELD COUNTY DEPARTMENT � .. OF SOCIAL SERVICES Judy Grit!), Direc r^t Page 6 of 6 cQC 'V 35‘8 Contract No. FY05-TANF-0022 EXHIBIT A SCOPE OF SERVICES 1. General Scope of Services Under the Colorado Works in Weld County Program administered by Social Services, the Contractor agrees to participate in the program by providing emergency food boxes to individuals determined by Social Services to be eligible for emergency food assistance as outlined below. 2 . Eligible Recipients Social Services shall be responsible for payment for emergency food boxes provided by the Weld Food Bank to eligible recipients only after Social Services has provided prior written authorization for such food to the Weld Food Bank. Eligibility for such services shall be within the discretion of the County, but shall be available only where alternative resources such as Food Stamps, etc. , are not immediately available. Social Services will expend funds to reimburse the Weld Food Bank for the cost of emergency food boxes . Reimbursement will be made at the rate of $20 . 00 per food box. Reimbursement will be made if the food box recipient meets the following criteria: 1. Is referred by the Weld County Department of Social Services. 2 . Gross family income is below 185% of poverty. 3. Has an emergency food assistance need as determined by the Weld County Department of Social Services . 4 . Has not received four or more Emergency Food Boxes in a six (6) month time period. Page 1 of 1 Contract No. FY05-TANF-0022 EXHIBIT B PAYMENT SCHEDULE 1. Funding and Method of Payment Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed, $20 .00 per food box for a total amount not to exceed Ten Thousand Dollars ($10, 0000) . 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 Social 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 Social Services, Social Services may immediately terminate this Contract or amend it accordingly. 3 . Submittal of Vouchers Billings for payment shall be submitted to the Weld County Department of Social Services, P.O. Box A, Greeley, Colorado 80632 . When submitting billings for payment, the Weld Food Bank shall itemize all costs and provide a copy of each food box authorization (EXHIBIT D) . Page 1 of 1 Contract No. FY05-TANF-0022 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 Social 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 effect 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. Page 1 of 4 Contract No. FY05-TANF-0022 EXHIBIT C (Continued) 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 Social Services and shall be maintained by the Contractor, in a central location and custodian, in behalf of Social 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 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 Social 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. Page 2 of 4 Contract No. FY05-TANF-0022 EXHIBIT C (Continued) 13 . The Contractor assures that it will fully comply with the General Assistance 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: General Assistance 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 Social 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. 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 Social 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 Social Services' termination, for cause, of its contract with the Contractor. Page 3 of 4 Contract No. FY0S-TANF-0022 EXHIBIT C (Continued) 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 General Assistance 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. Page 4 of 4 Hello