HomeMy WebLinkAbout20032689.tiff RESOLUTION
RE: APPROVE COMMUNITY FOOD AND NUTRITION PROGRAM CONTRACT AND
AUTHORIZE CHAIR TO SIGN
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 the Community Food and Nutrition
Program Contract 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 the
Colorado Department of Local Affairs, commencing upon full execution of said contract, and
ending June 30, 2004, 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, ex-officio Board of Social Services, that the Community Food and
Nutrition Program Contract 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 the Colorado Department of Local Affairs 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 22nd day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
VStD COUNTY, COLORADO
ATTEST:
D vid E. Lo , C air
Weld County Clerk to the Board
R be D. sden, Pro-Tem
� * k to the Board
M. . eile
TO FO .
William H. Jerke
►'.unty Attorn y EXCUSED
Glenn Vaad
Date of signature: /12/3-/e2Y
2003-2689
62:2-4-2 SS0030
try(; �.j
CONTRACT ROUTING NUMBER
noaaf
VENDOR#
846000813 F
CFDA#
93.571
COMMUNITY FOOD AND NUTRITION PROGRAM CONTRACT
THIS CONTRACT, made by and between the State of Colorado for the use and benefit of the Department of
Local Affairs, 1313 Sherman Street, Room 521, Denver, Colorado 80203 hereinafter referred to as the State, and Weld
County hereinafter referred to as the Contractor.
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 Fund Number 100,
Organization Number FCCO, Appropriation Codes 114 , GBL Number 3F11 , Contract Encumbrance Number
, F4CFN03211 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS,the State of Colorado annually distributes 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 received its Community Food and Nutrition funds awarded to states and
these funds are governed by the provisions of 42 USC 9910(a)and Title 45 CFR Part 16-96; and
WHEREAS, the Act requires the State to award grants to those eligible entities consistent with the waiver
received under the CSBG program; and
WHEREAS, the Department has received applications from eligible entities for allocations from CFN funds
available to the State;and
WHEREAS,the Contractor is one of the eligible entities to receive CFN funds; and
WHEREAS, the Contractor is capable and desires to perform the services contained in its approved project
implementation plan;
NOW THEREFORE it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State,the Contractor shall do, perform,
and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the
"Scope of Services," 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.
2. Responsible Administrator. The performance of the services required hereunder shall be under the direct
supervision of Richard Rowe an employee or agent of Contractor, who is hereby designated as the Responsible
Administrator of this Project. At any time the Responsible Administrator is not assigned to this Project, all work shall be
suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State
receives notification of such replacement assignment. All services contained in the approved "Project"will be performed
by the Contractor or under its supervision.All agencies engaged in the Project shall meet the approval of the State. None
of the work or services contained in the approved Project shall be subcontracted without the prior approval of the State.
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract by the State
Controller or designee. The Project contemplated herein shall commence as soon as practicable after the execution of
this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The
Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that
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completion of the Project shall occur no later than the termination date set forth in the Scope of Services, Exhibit A, 6.
Time of Performance.
4. Eligible Activities. All CFN project activities shall be eligible under Section 681A of the Act, as amended, and all
related regulations and requirements. Furthermore, project activities shall meet the following indicated (with an "X")
purposes, as set forth in the Act, as amended,and all related regulations and requirements:
X to coordinate existing private and public food assistance resources, whenever such coordination is
determined to be inadequate,to better serve low-income populations;
to assist low-income communities to identify potential sponsors of child nutrition programs and to initiate
new programs in underserved or un-served areas; and
to develop innovative approaches at the State and local levels to meet the nutrition needs of low-income
people.
5. Obligations, Expenditure and Disbursement of Funds.
Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of
this Contract are not eligible CFN expenditures and shall not be reimbursed by the State.
6. Eligible Beneficiaries.
a) 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.
Family Unit Size 1 2 3 4 5 6 7 8 9+
Poverty Guideline $8,980 $12,120 $15,260 $18,400 $21,540 $24,680 $27,820 $30,960
* The Poverty Guidelines are published annually in the Federal Register by the Department of Health and Human Services.
" For family units with more than 8 members, add$3,020 for each additional member.
b) Definition of a Homeless Person. Homeless persons are defined, for the purposes of this Contract, as
those persons which lack a fixed, regular, and adequate nighttime residence or a person or family who
have a primary nighttime residence that is:
i) a supervised publicly or privately operated shelter designed to provide temporary living
accommodations (including welfare, hotels,congregate shelters, and transitional housing for persons
with mental illness);
ii) an institution that provides a temporary residence for individuals intended to be institutionalized;or,
Hi) a public or private place not designed for,or ordinarily used as a regular sleeping accommodation for
human beings.
7. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work
and services to be performed, a total amount not to exceed $4,039.20. The method and time of payment shall be made
in accordance with the"Payment Method"set forth herein.
8. Payment Method. Unless otherwise provided in the Scope of Services, Exhibit A,8. Payment Schedule:
a) The Contractor shall periodically initiate all draw down requests by submitting to the Department a written
request using the State-provided form, for reimbursement of actual and proper expenditures of CFN funds
plus an estimation of funds needed for a reasonable length of time. The frequency of the drawdown
request submission shall be at a minimum on a quarterly basis.
b) The State may withhold any payment if the Contractor has failed to comply with the Financial Management
Requirements, program objectives, contractual terms, or reporting requirements.
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c) The State may withhold payment of the final five(5) percent of the total contract amount until the Contractor
has submitted and the Department has accepted all required quarterly Financial Status Report, and
Performance Report information.
9. Audit.
a) Discretionary Audit.The State,through the Executive Director of the Department,the state Auditor, or any
of their duly authorized representatives, including an independent Certified Public Accountant of the state's
choosing, or the federal government or any of its properly delegated or authorized representatives shall
have the right to inspect, examine, and audit the contractor's (and any subcontractor's) records, books,
accounts and other relevant documents. Such discretionary audit may be requested at any time and for any
reason from the effective date of this Contract until five (5)years after the date of the final payment for this
project is received by the contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit.Whether or not the state calls for a discretionary audit as provided above,the Contractor
shall include the project in its annual audit report as required by the Colorado Local Government Audit Law,
C.R.S. 1973, 29-1-601, et seq and the Single Audit Act of 1996, Pub. L. 104-156, and federal and state
implementing rules and regulations. Such audit reports shall be simultaneously submitted to the department
and the State Auditor. Thereafter, the Contractor shall supply the department with copies of all
correspondence from the State Auditor and or Federal Agency related to the relevant audit report. If the
audit reveals evidence of non-compliance with applicable requirements, the department reserves the right
to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative
actions filed pursuant to C.R.S. 1973,29-1-607 or 29-1-608.
10. Contract Suspension. If the Contractor fails to comply with any contractual provision,the State may, after notice to
the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in
accordance with provisions herein. The State may determine to allow such necessary and proper costs,which the
Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and
reasonable for the conduct of the project.
11. Contract Termination.This contract may be terminated as follows:
a) Termination Due to Loss of Funding.The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed, or otherwise compensated with federal CFN funds provided to the State for the purpose
of contracting for the services provided for herein, and therefore,the Contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under this Contract are contingent
upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by
the State,the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner his obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the effective
date thereof, at least five (5)days before the effective date of such termination. If the contract is terminated
by the State as provided herein, the Contractor will be reimbursed an amount equal to the actual expenses
incurred as of the date of termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may
withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of
damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State desires. The
State shall effect such termination by giving written notice of termination to the Contractor and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination. If the
Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears
the same ratio to the total compensation as the services actually performed bear to the total services of the
Contractor covered by this Contract, less payments of compensation previously made: Provided, however,
that if less than sixty percent(60%)of the services covered by this Contract have been performed upon the
effective date of such termination,the Contractor shall be reimbursed (in addition to the above payment)for
that portion of the actual out-of-pocket expenses(not otherwise reimbursed under this Contract)incurred by
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the Contractor during the Contract period which are directly attributable to the uncompleted portion of the
services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph
11b hereof relative to termination shall apply.
12. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by
changes in federal or state law or regulations. Any such required modifications shall be incorporated into
and be part of this Contract as if fully set forth herein.
b) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract when
such modifications are requested by the Contractor or determined by the State to be necessary and
appropriate. In such cases, the Amendment is binding upon proper execution of the Amendment by the
State Controller's designee and without the signature of the Contractor.
i) Paragraph 2 of the Contract, Responsible Administrator;
ii) Paragraph 6 of Exhibit A, Scope of Services,Time of Performance;
iii) Paragraph 7 of Exhibit A, Scope of Services, Remit Address;
iv) Paragraph 8 of Exhibit A, Scope of Services, Payment Schedule;
Contractor must submit a written request to the Department if modifications are required. Amendments to
this Contract for the provisions outlined in this Paragraph 12 b. i) through iv): Responsible Administrator,
Time of Performance, Remit Address,or Payment Schedule can be executed by the State(Exhibit B1).
c) Bilateral Amendment. In the following circumstances, modifications shall be made by an Amendment
signed by the Contractor, the Executive Director of the Department and the State Controller's designee.
Such Amendments must be executed by the Contractor then the State and are binding upon proper
execution by the State Controller's designee.
v) When the scope, or the objective of the Project changes within the statutory authority of the
CFN program,as determined by the Department;
vi) When additional or less CFN funding is approved by the Department,or Other funding is
decreased;
vii) When there are additional federal statutory or regulatory compliance changes to paragraph 15
of the Original Contract or subsequent amendments.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral
Amendment as set forth in subparagraph 12.b)of this paragraph.
Upon proper execution and approval,such Amendment(Exhibit B2)shall become an amendment to the
Contract, effective on the date specified in the amendment. No such amendment shall be valid until
approved by the State Controller or such assistant as he may designate. All other modifications to this
Contract must be accomplished through amendment to the contract pursuant to Fiscal Rules and in
accordance with subparagraph 12 d).
d) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other
than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shall be
given to the other party. No such modification shall take effect unless agreed to in writing by both parties in
an amendment to this Contract properly executed and approved in accordance with applicable law. Any
amendment required per this subparagraph will require the approval of other state agencies as appropriate,
e.g.Attorney General,State Controller,etc.
13. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of
all understandings between the parties at this time as to the subject matter hereof, and no prior or contemporaneous
addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written
authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law.
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14. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, and services by the Contractor
and its subcontractors, no employee,officer or agent of the Contractor or its subcontractors shall participate
in the selection or in the award or administration of a contract if a conflict of interest, real or apparent,would
be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate
family; his partner; or an organization which employs, or is about to employ, any of the above, has a
financial or other interest in the party or firm selected for award. Officers, employees or agents of the
Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary
value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if
the intrinsic value of such items is nominal.
b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of
housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the
acquisition and disposition of real property), no persons described in subparagraph i) below who exercise
or have exercised any functions or responsibilities with respect to CFN activities or who are in a position to
participate in a decision making process or gain inside information with regard to such activities, may obtain
a personal or financial interest or benefit from the activity,or have an interest in any contract, subcontract or
agreement with respect thereto,or the proceeds there under, either for themselves or those with whom they
have family or business ties, during their tenure or for one year thereafter.
i) Persons Covered.The conflict of interest provisions of this paragraph b)apply to any person who is
an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of
any designated public agencies or subcontractors receiving CFN funds.
ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State
may grant an exception to the provisions of this subparagraph b) when it determines that such an
exception will serve to further the purposes of the CFN program and the effective and efficient
administration of the Contractor's Project.An exception may be considered only after the Contractor
has provided the following:
a. A disclosure of the nature of the conflict,accompanied by an assurance that:
i. there has been or will be a public disclosure of the conflict and a description of how the
public disclosure was or will be made; and
it the affected person has withdrawn from his or her functions or responsibilities, or the
decision making process with respect to the specific Project assisted activity in question;
and
b. An opinion of the Contractor's attomey that the interest for which the exception is sought
would not violate State or local law; and
c. A written statement signed by the chief elected official of the Contractor holding the State
harmless from all liability in connection with any exception which may be granted by the
State to the provisions of this subparagraph b above);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception
after the Contractor has satisfactorily met the requirements of subparagraph ii)above,the State shall
consider the cumulative effect of the following factors,where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the Project,which would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of persons intended to be
beneficiaries of the CFN assisted activity, and the exception will permit such person to
receive generally the same benefits as are being made available or provided to the group or
class;
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d. Whether the interest or benefit was present before the affected person was in a position as
described in this subparagraph b.above);
e. Whether undue hardship will result either to the Contractor or the person affected when
weighed against the public interest served by avoiding the prohibited conflict;and
f. Any other relevant considerations.
15. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any
subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable standards,
regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include:
a) Title VI of the Civil Rights Act of 1964(Pub. L. 88-352;42 USC 2000 (d))prohibiting discrimination on the
basis of race,color,or national origin in any program or activity receiving federal financial assistance.
b) Executive Order 11246 (1965), as amended by Executive Orders 11375 and 12086, prohibiting
discrimination on the basis of race,color, religion, sex or national origin in any phase of employment during
the performance of federal or federally-assisted contracts in excess of$2,000.
c) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded
from participation, denied program benefits or subjected to discrimination on the basis of age under any
program or activity receiving federal funds.
d) Public Law 103-227, Part C—Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994
(Act). This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased
or contracted by an entity and used routinely or regularly for the provision of health, day care, education,or
library services to children under the age of 18, if the services are funded by Federal programs either
directly or through State or local governments. Federal programs include grants, cooperative agreements,
loans or loan guarantees, and contracts. The law does not apply to children's services provided in private
residences, facilities funded solely by Medicare or Medicaid funds and portions of facilities used for
inpatient drug and alcohol treatment.
e) Public Law 103-333 Section 507 —As stated in this section is the sense of Congress that, to the extent
practicable, all equipment and products purchased with funds made available in this Act should be
American made.
f) Public Law 103-333 Section 508 — As stated in this section, statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds, including but not limited to State and local
governments and recipients of Federal research grants, shall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount of Federal
funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or
program that will be financed by nongovernmental sources.
16. Monitoring and Evaluation. The Department of Local Affairs, Division of Local Government will monitor and
evaluate the Contract with the Contractor under the CFN program. The Contract will be monitored for compliance with
the rules, regulations, requirements and guidelines, which the State has promulgated or may promulgate and will be
monitored periodically during the operation of the project and upon its completion.
17. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties
may be accomplished within the intent of the Contract,the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof.The waiver of any breach of a term hereof shall not be construed as waiver
of any other term nor as waiver of a subsequent breach of the same terms.
18. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be
binding upon the parties,or any subcontractors hereto,and their respective successors and assigns.
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19. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign
or otherwise dispose of this Contract or any portion thereof,or of its rights,title, interest or duties therein,without the prior
written consent of the other party. No subcontract or transfer of Contract shall in any case release the Contractor of
liability under this Contract.
20. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and
agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its
subcontractors.
21. Federal Investigations. The Contractor agrees that the Controller General of the United States of America or its
authorized representative may at any time during the terms of this contract and for a period of five (5)years after the final
payment hereunder, undertake and conduct an investigation of the uses of the funds received to ensure compliance with
the provisions of the Act. The Contractor shall make available appropriate books, documents, papers, and records for
inspection, examination, copying, or mechanical reproduction on or off the premises upon a reasonable request thereof.
The Contractor agrees to permit and cooperate with any Federal Investigation.
22. No Third Party Beneficiary. Enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the State and the Contractor, and nothing contained in this
Agreement shall give or allow any claim or right of action by any other or third person under this Agreement. It is the
express intention of the State and the Contractor that any person other than the State or the Contractor receiving
services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
23. Rights and Remedies Not Waived. No assent, expressed or implied, by one party to any breach of the agreement
by the other party shall be held to be a waiver by the non-breaching party of any later or other breach.
24. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of
priority:
a) Colorado Special Provisions
b) Contract
c) The Scope of Services, Exhibit A
Page 7 of 9 Pages
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose
being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or
omission by the Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq. or the Federal Tort Claims Act,28 U.S.C.2671 et seq. as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN
AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX
AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT
THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR
OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY,OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE. WORKERS'
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,
execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules,
and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in
any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state
laws,rules,and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of
computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby
certifies that,for the term of this contract and any extensions,the Contractor has in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph,the
State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate
termination of the contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
Page 8 of 9 pages
Effective Date:July I,2003
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL
OWENS,GOVERNOR
Board of Weld County Commissioners ,61
Legal Name of Contracting Entity Michael L.Beasley,Executive irector
84-6000-813 Department of Local Affairs
Social Security Number or FEIN
Signature of Authorized O tcer
PRE-ARROVED CONTRACT REVIEWER
David E
Print Name `'- eft'i cer
CORPORATIt �� �, �:,
(A corporate attest t is
012
Attest(Seal)By �� Clerk to the Board
(Corpo =Secretary or quiv - t r own/City/ .unty Clerk)
By
Deputy C e k to the Board
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L.Barnhart //�� }
By -.. �./4 s to ti
Rose ie uten, ntroller
Depart ent of LocalAffairs
Date IC/3lit)
Page 9 of 9 pages
Effective Date: July 1,2003
EXHIBIT A
SCOPE OF SERVICES
WELD COUNTY F 04 CFN 03211
1. Project Description and Objectives.The Contractor shall use Community Food and Nutrition funds in accordance with
project activities specified in Paragraph 4 of the main body of this contract. Based on priorities established in the
application submitted by the Contractor,the Weld Food Bank may serve as sub-grantee to carry out CFN activities.
2. Financial Requirements.The Contractor shall comply with the policies, guidelines,and requirements of 45 CFR Part 74
(codified pursuant to OMB Circular No.A-102)and OMB Circular No.A-87, as they relate to the acceptance and use of
CFN grant amounts by States and units of local government,and Nos.A-110 and A-122 as they relate to the
acceptance and use of CFN grant amounts by private nonprofit organizations.
3. Contract Administration.The Contractor shall be responsible for the administration of the Project and will be
responsible for developing written agreements between its proposed subcontractors and itself. Such agreements will
govern the activities to be performed by the subcontractor, standards of performance by the subcontractor,and a
mechanism for paying the subcontractor.
4. State Monitoring.The Department of Local Affairs, Division of Local Government will monitor the Project
5. Project Budget.
ACTIVITY CFN AMOUNT TOTAL COST
Nutrition Services $4,039.20 $4,039.20
6 Time of Performance
The Project will commence upon the execution of this Contract and will expire on June 30,2004. However,the project
time performance may be extended by amendment,subject to mutual agreement of the State and the Contractor, may
extend the project time of performance for CFN funds.To initiate this process,a request in writing for an extension of the
project time of performance shall be submitted to the State by the Contractor at least sixty 60)days prior to
June 30, 2004 and shall include a full justification for the extension request.
7. Remittance Address:
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
8. PAYMENT SCHEDULE.The Contractor shall periodically initiate all drawdown requests by submitting to the Department
of Local Affairs, Division of Local Government, and a written request using the state-provided form,for reimbursement of
actual and proper expenditures of CFN funds.
The frequency of the drawdown requests shall be submitted at a minimum on a quarterly basis.
9. Reporting Schedule
The Contractor shall submit quarterly Financial Status Reports for each funding source on the forms prescribed by the
Department of Local Affairs, Division of Local Government.The final report due at the end of the contract term will
include a Financial Status, Program Narrative and Beneficiary Program Reports and shall be submitted within twenty
(20)calendar days after the completion of the Project.
EXHIBIT B 1
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR. GBL.
CFDA#93.571
Unilateral
Amendment#_ of Community Food and Nutrition Program
Between Colorado Department of Local Affairs and (Grantee Name and Address)
State Executed Contract Modifications
A. Modification to Contract Boilerplate
Responsible Administrator: (Delete the old Administrator's name and substitute the new Administrator).
B. Modifications to Exhibit A, Scope of Service.
Time of Performance: "Time of Performance",is modified by deleting" Date "and inserting in lieu thereof"
Date .
Remit Address: "Remittance Address"is modified by deleting the current Remit Address and substituting new
address.
Payment Schedule: "Payment Schedule"is modified by deleting the current"Payment Schedule"and inserting in
lieu thereof new"Payment Schedule."
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by
this Amendment# and all previous amendments. Both parties also expressly understand that this
Amendment# is incorporated into the Original Contract.
Department of Local Affairs
Reviewed Bv:
(Pre-approved Form Contract Reviewer) Michael L.Beasley,Executive Director
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L.Barnhart
By
Rose Marie Auten,Controller
Department of Local Affairs
Date
EXHIBIT B 2
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR. GBL.
CFDA#93.571
Bilateral
Amendment#_ of Community Food and Nutrition Program
Between Colorado Department of Local Affairs and (Grantee Name and Address)
State and Contractor Executed Modifications
A. Modification to Contract Boilerplate.
Compensation and Method of Payment: "Compensation and Method of Payment" in the Original Contract is
modified by deleting" Amount "and inserting in lieu thereof" Amount '.
B. Modifications to Exhibit A, Scope of Service.
Project Description, Objectives and Requirements: "1. Project Description,Objectives,and Requirements,
Subsection A." is modified as follows: Include existing language"is revised to read"and the revised language.
Budget: "5.Project Budget," is modified as follows: [Retype complete revised budget]
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by
this Amendment# and all previous amendments. Both parties also expressly understand that this
Amendment# is incorporated into the Original Contract.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
By
Legal Name of Contracting Entity Michael L.Beasley,Executive Director
Department of Local Affairs
Social Security Number or FEIN
PRE-APPROVED FORM CONTRACT REVIEWER:
Signature of Authorized Officer
By
Department of Local Affairs
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest(Seal)By
(Corporate Secretary or Equivalent,or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L.Barnhart
By
Rose Marie Auten,Controller
Department of Local Affairs
Date
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEV,CO 80632
VI IDWE8Sh1t
:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
C Child Support(970)352-6933
COLORADO
MEMORANDUM
TO: David E. Long, Chair Date: September 17, 2003
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services./a,I C)
I
RE: Community Food and Nutrition Program Contract
Enclosed for Board approval is a Community Food and Nutrition Program Contract
between the Colorado Department of Local Affairs and the Board of County
Commissioners. At the Board's Work Session of July 7, 2003, the Board discussed a
one-page application for resources under the Community Food and Nutrition (CFN)
Program to be submitted on behalf of the Weld Food Bank. The Board approved this
application in July 2003. The application was approved for Federal funding by the
Colorado Department of Local Affairs for $4,039.20. This contract formalizes the grant
award from the Colorado Department of Local Affairs.
The major provisions of the Contract are:
1. The term of the Contract begins upon the proper execution of the Contract and
ends June 30, 2004.
2. Weld County will provide food baskets for eligible low-income clients through
the Weld Food Bank. The Department is currently developing a local Agreement
between the Weld County Department of Social Services and Weld Food Bank to
complete the process for the use of these funds.
If you have any questions, please telephone me at extension 6510.
•
2003-2689
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