HomeMy WebLinkAbout20033496 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 the Weld
Food Bank, commencing upon full execution, and ending June 30, 2004, 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 the
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 31st day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNT( COLORADO
C'
ATTEST: at" `:il'a 4F
D id E. Long Chair
Weld County Clerk to 6 ard
•
Robert D. sden, Pro-Tem
BY: -
Deputy Clerk to the Bobcd;•A--.
M. J. Geile
A 3ROV AST k/—'
� _ Willia H. Jerke
A'!y
unty Attorniy
Glenn Vaad
Date of signature: ` �3
2003-3496
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Contract No.: FY04-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 this day of 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 FY00-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 Food and Nutrition(CFN) program funds under
the provisions of Section 681 A of the Community Services Block Grant Act as amended by Public Law 99-425 of the
Human Services Reauthorization of 1986,and the Augustus F.Hawkins Human Services Reauthorization Act of 1990,
Public Law 501-101 and Public Law 104-208 and under Grant Number G99B3-CO-COSR, the fiscal year 2004
Appropriations Bill Public Law 104-31; and
WHEREAS,the State of Colorado has awarded a certain amount of its 2003/2004 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 30,2004.
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 30,2004.
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Contract No.:FY04-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 Thirty Nine and 00/100 Dollars.($4039.20).
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 30,2004,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.:FY04-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
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
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Contract No.:FY04-CFN-5001
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 the Social Services'Director. The term"litigation"
includes an assignment for the benefit of creditors, and filings in bankruptcy reorganization and/or
foreclosure.
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Contract No.: FY04-CFN-5001
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.
1 ��> ELD COUNTY COMMISSIONERS WEL OOD BA////NN�/.]/S�,INC.
1861 /'
'd • Chair IQ's Board Pre ident
County Clerk to e :oard
APD AS TO •
eld County Aft rney
Weld County Department of Social Services
By: a
i ctor
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Contract No.:FY04-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 825 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
I $8,980
2 12,120
3 15,260
4 18,400
5 21,540
6 24,680
7 27,820
8 30,960
*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.:FY04-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 Three
Thousand Seven Hundred Twenty Three and 00/100ths Dollars ($4,039.20). 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.: FY04-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 revie
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Contract No.:FY04-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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DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
1fir WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
CChild Suppod(970)352-6933
COLORADO
MEMORANDUM
TO: David E. Long, Chair Date: December 29, 2003
Board of County Commissioners FR: Judy A. Griego, Director, Social Services, /U ( i ,L(,
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. 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 being 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, and the Department received the executed contract from the
Colorado Department of Local Affairs in November 2003. The Agreement with the
Weld Food Bank concludes this process.
The major provisions of the Agreement:
1. The term of the Agreement begins upon the proper execution of the Contract and
ends June 30, 2004.
2. Weld Food Bank will provide 825 food baskets for eligible low-income clients
through the Weld Food Bank
3. The Department will reimburse the Weld Food Bank a maximum of$4,039.20.
If you have any questions, please telephone me at extension 6510.
2003-3496
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