HomeMy WebLinkAbout20043049.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT 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 a Coordination and Purchase of Services
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 Social Services, and Weld Food
Bank, 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, ex-officio Board of Social Services, that the Coordination and Purchase of
Services 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 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 13th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
,Vtuu�T:
e B " li' �'� Robert D. Masden, Chair
- •• Clerk to the Board
i Ol , J
1861 t4 / i William H erke, Pro-Tem
BY:
"flyt lerk to the Board
N° M. J. Geile
APPRO AS TO FO
EXCUSED
David E. Long
unty Attor ey
EXCUSED
Glenn Vaad
Date of signature: C��
/ 2004-3049
(� /� /\ SS00311
fi sSc O-tiff/ /Q -� O -ay
O DEPARTMENT OF SOCIAL SERVICES
rite, P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
O
•
COLORADO MEMORANDUM
TO: Robert D. Masden, Chair Date: October 4, 2004
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services.- tt(?a1`C� u
U '
RE: Coordination and Purchase of Services Agreement Between the
Weld County Department of Social Services and the Weld Food
Bank
Enclosed for Board approval is a Coordination and Purchase of Services Agreement
Between the Weld County Department of Social Services and the Weld Food Bank. This
Agreement concludes a process for funding with the Colorado Department of Local
Affairs. On October 11, 2004, the Board approved a Contract for federal funding with
the Colorado Department of Local Affairs for $4,154.84. The Agreement with the Weld
Food Bank was reviewed at the Board's Work Session of October 4, 2004.
The major provisions of the Agreement:
1. The term of the Agreement begins upon the proper execution of the Contract and
ends June 30, 2005.
2. Weld Food Bank will provide 325 food baskets for eligible low-income clients
through the Weld Food Bank
3. The Department will reimburse the Weld Food Bank a maximum of$4,154.84.
If you have any questions, please telephone me at extension 6510.
2004-3049
Contract No.: FY05-CFN-5001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN WELD FOOD BANK AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
-
THIS AGREEMENT made and entered into thisi,—j day of October,2004,by and between the Weld County
Board of County Commissioners, on behalf of Social Services, hereinafter referred to as "Weld County," and "Weld
Food Bank,"hereinafter referred to as the"Contractor."
WITNESSETH:
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Contract Encumbrance
Number FY05-CFN-5001; and
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate
agencies;and
WHEREAS,the State of Colorado has received Community Services Block Grant(CSBG)funds received from
the U.S. Department of Health and Human Services (HHS) under Section 681A of the Community Services
Reauthorization Act of 1998,as amended by Public Law 105-285,also known as the Community Services Block Grant
Act, authorizing funding for the Community Food and Nutrition(CFN)program; and
WHEREAS,the State of Colorado has awarded a certain amount of its 2004/2005 CFN funds to Weld County;
and
WHEREAS,Weld County has received application from the Contractor for allocations from Federal CFN funds
available to Weld County; and
WHEREAS,the Contractor is one of the eligible private nonprofit organizations to receive CFN funds; and
WHEREAS,Weld County and Contractor desire to cooperate to achieve maximum efficiency and effectiveness
among all agencies serving the homeless population of Weld County;and
WHEREAS,the parties hereto desire to work together for the express purpose of continuing the availability of
food to Weld County homeless and their families.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Contract shall become effective upon proper execution of this Agreement and shall expire June 30,2005.
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 June 30,2005.
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Contract No.: FY05-CFN-5001
2. Scope of Services and Payment Schedule
The Contractor has prepared a one-year CFN Plan,in accordance with policies and procedures developed by
Weld County. In consideration for the monies and negotiated funding and programmatic criteria to be received
from Weld County, the Contractor shall do, perform, and carry out in a satisfactory and proper manner, as
determined by Weld County,all work elements as indicated in the"Scope of Services and Payment Schedule,"
set forth in the attached Exhibit A,which is attached hereto and incorporated herein by reference,hereinafter
referred to as the"Project." Work performed prior to the execution of this Contract shall not be considered part
of this Project.
3. Funding and Method of Payment
Weld County agrees to pay to the Contractor, in consideration for the work and services performed, a total
amount not to exceed Four Thousand One Hundred Fifty Four and 84/100 Dollars. ($4,154.84).
Expenses incurred by the Contractor,in association with said project prior to execution of this Agreement,are
not eligible CFN expenditures and shall not be reimbursed by Weld County.
Payment will be prorated or reduced if the Contract is terminated before June 30,2005,pursuant to Section 14.
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
the CFN must conform to the Single Audit Act of 1984 and OMB Circular A-128.
5. Payment Schedule
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Contractor shall provide proper quarterly invoices and verification of services performed for costs
incurred in the performance of this Agreement.
b. Weld County 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 B,which is attached hereto and
incorporated herein by reference.
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Contract No.: FY05-CFN-5001
7. Program Reports
Quarterly Programmatic Status Report The Contractor shall submit to the Department one (1) copy of the
quarterly programmatic status report in the manner prescribed by Weld County.
8. Monitoring and Evaluation
The Contractor and Weld County agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Colorado Department of Local Affairs, other appropriate funding
sources,the Contractor,and Weld County.The results of the monitoring and evaluation shall be provided
to Weld County. The Contractor shall permit the Colorado Department of Local Affairs, the U.S.
Department of Housing and Urban Development, 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 monitoring may
consist of internal evaluation procedures,examination of 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 any or all of 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 as determined solely by the Director. These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or corrections in performance are
satisfactorily completed.
b. Request the removal from work of those employee(s) and/or agent(s)of the
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Contract No.:FY05-CFN-5001
Contractor whom the Director or designee identifies as being incompetent, careless, insubordinate,
unsuitable,or otherwise unacceptable,or whose continued employment on the Agreement s/he deems
to be contrary to the public interest or not in the best interest of Weld County.
c. Deny payment or recover reimbursement for those services or deliverables which have not yet been
performed and which due to circumstances caused by the Contractor cannot by performed or
if performed would be of no value to the Weld County. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Weld County.
d. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from the Contractor by deduction from subsequent payments under this Agreement or other
agreements between Weld County and the Contractor, or by Weld County as a debt due to Weld
County or otherwise as provided by law.
11. Representatives
For the purposes 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 Weld County: For the Contractor
Name Title Name Title
Richard Rowe,AP Manager,WCDSS Leona Martens,Director
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: Weld County To:Weld Food Bank
Judy A.Griego,Director Leona Martens, Executive Director
P.O. Box A 104 11th Ave.
Greeley,Colorado 80632 Greeley,Colorado 80631
13. Litigation
The Contractor shall promptly notify Weld County 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,with 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
Contract No.: FY05-CFN-5001
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.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
d i
BOARD OF COUNTY
OARD COMMISSIONERS WELD
1861 _,1..1, COUN COLORADO
A
"jt7 Clerk Robert D.Masden,Chau OCT 1 3 2004
APPRO AS TO
WELD FOOD BANK, INC.
BYY �tC��f
County Attorney L--_Board President /
J
WELD COUNTY DEPARTMENT /
OF SOCIAL SERVICES
By: t r ' Gt
D�ctor I •
v
ot1o'7- 3ocd 5'
Contract No.:FY05-CFN-5001
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists of purchasing food for a"Supplemental Mini Box" for 325 low income individuals and
families. Eligibility is determined and recorded by the Weld Food Bank.
2. Definition of Client Eligibility
A homeless individual is eligible for assistance under CFN if his/her income is at or below the poverty line
established annually in the HHS's Poverty Income Guidelines, which are set forth in this paragraph or
subsequently promulgated by the Colorado Department of Local Affairs in an amendment letter.
Size of Family Unit Poverty Guideline
1 $9,310
2 12,490
3 15,670
4 18,850
5 22,030
6 25,210
7 28,390
8 31,570
*For family units with more than 8 members, add$3,020 for each additional member.
3. Definition of Homeless Individuals
For the purposes of funding under the CFN,the term"homeless" or"homeless individual" includes:
a. An individual who lacks a fixed,regular,and adequate nighttime residence.
b. An individual who is a resident of:
(1) a supervised publicly or privately operated shelter designed to provide temporary living
accommodations(including welfare hotels,congregate shelters,and transitional housing for
the mentally ill);or
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Contract No.:FY05-CFN-5001
(2) an institution that provides a temporary residence for individuals intended to be
institutionalized;or
(3) a public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.
c. An individual who is at risk of becoming homeless.
4. Compensation and Method of Payment
Contractor, in consideration for the work and services to be performed, a total amount not to exceed Four
Thousand One hundred Fifty Four and 84/l00ths Dollars($4,154.84). The method and time of payment shall
be made in accordance with the "Payment Method" set forth herein.
5. Payment Schedule
Interim payment to be made upon submission of appropriate documentation which include designated narrative
reports and invoices. The Contractor may request reimbursement every 30 days for expenses incurred under the
Contractor's plan,which has been approved by Social Services.
6. Contract Monitoring
The Social Services will monitor the Project on an as needed basis.
7. Reporting Schedule
The Contractor will submit a narrative report detailing the progress of the Project.
Program reports will be required quarterly and at the conclusion of the Project. These
reports shall describe and evaluate any difficulties encountered in accomplishing the specifics of the Project and
suggest any improvements.
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Contract No.:FY05-CFN-5001
EXHIBIT B
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 indemnity,
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 and agents engaged in the performance of the Agreement.
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 created 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, subsection,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 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 Representation to audit and monitor the Contractor.
9. The Contractor assures that authorized local, Federal, and State auditors and representatives shall, during
business hours,have access to inspect and copy records,and shall be allowed to monitor and review
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Contract No.:FY05-CFN-5001
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.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor or Social Services may not assign any of its rights or obligations hereunder without the
prior written consent of both parties.
11. 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.
12. The Contract assures that it will fully comply with the Community Food and Nutrition(CFN)Program Grant
and regulations 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.
13. 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 or agency.
b. Have not, within a three-year period 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,local)with commission of any of the offenses enumerated in paragraph 11(b)of this
certification.
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.
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Contract No.:FY05-CFN-5001
14. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when
Catholic Charities 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,Catholic Charities 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,Catholic Charities 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 Catholic Charities
15. Catholic Charities 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
Child Protection, no information about or obtained from any applicant/recipient in possession of Catholic
Charities shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian
unless in accordance with Catholic Charities written policies governing access to,duplication and dissemination
of,all such information. Catholic Charities shall advise its employees,agents,and subcontractors,if any,that
they are subject to these confidentiality requirements.Catholic Chanties 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.
16. 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 Catholic
Charities in the course of providing services under this Contract will be accorded at least the same precautions
as are employed by Catholic Charities for similar information in the course of its own business.
17. 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.
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