HomeMy WebLinkAbout20013452.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
the Weld Food Bank, commencing upon full execution of said agreement, and ending June 30,
2002, 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 19th day of December, A.D., 2001.
I, " Elld , WELD CO BOARD F TOY, COLORADO COMMISSIONERS
M. getv-
J Geile,W Chair
' eld County dlerkto the Board
Glenn V r.- -
BY: 44 01-(gla-- (_--A- ------r
Deputy Clerk to the Board i� 'V j_'
William H. Jerke
APPROVED AS TS) 1: EXCUSED DATE OF SIGNING (AYE)
David E. Long
, 2
n y Aqor ey
obert . asden
Date of signature: C7L1-
2001-3452
5,5 SS0028
noests. ,
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
1 WEBSITE:www.co.weld.co.us
CAdministration and Public Assistance(970)352-1551 Child Support(970)352-6933
COLORADO
To: M.J. Geile, Chairman
Board of Weld County Commissioners � /
From: Judy A. Griego, Director, Social Services _ W a o
Subject: Community Food and Nutrition Grant Agre ent tween t e De f rtment of
Social Services and the Weld Food Bank
Date: December 12, 2001
Enclosed for Board approval is an agreement between the Weld County Department of Social
Services and the Weld Food Bank. The Weld Food Bank is a sub-grantee to the Department to
carry out Community Food and Nutrition Program activities.
1. The term of the agreement shall be upon the proper execution of this agreement through June
30, 2002.
2. The source of the funds is The Community Food and Nutrition Program Grant dollars totaling
$3,723.00.
If you have any questions, please telephone me at extension 6200.
2001-3452
CONTRACT NO: FY02-CFN-5001
COORDINATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN WELD FOOD BANK AND
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
opi
THIS AGREEMENT, ti made and entered into this �� day of husmiatifby 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 1999 Appropriations Bill Public Law 104-31; and
WHEREAS, the State of Colorado has awarded a certain amount of its 1999 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
Page 1 of 7
'3o/- 3y5
CONTRACT NO: FY02-CFN-5001
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 30,2002. 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, 2002.
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 Three Thousand Seven Hundred
Twenty Three and 00/100ths Dollars.($3,723.00).
Expenses incurred by the Contractor, in association with said project prior to
Page 2 of 7
CONTRACT NO: FY02-CFN-5001
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,
2002, 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.
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.
Page 3 of 7
CONTRACT NO: FY02-CFN-5001
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.
Page 4 of 7
CONTRACT NO: FY02-CFN-5001
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 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, Executive 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
Page 5 of 7
CONTRACT NO: FY01-CFN-5001
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.
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 6 of 7
CONTRACT NO: FY01-CFN-5001
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the
day, month and year first above written.
WELD COU TY WELD FOOD BANK, INC.141"--""lial allAd M. J. G ile, Chair (l2111'zoo I) Board Pr dent
ATTEST:
Weld County Clerk to the B _ t• E La
cc�.� d�,, / '1861 4.�= 0.��•
By: G c ;c C I
Deputy Clerk
Page 7 of 7
CONTRACT NO: FY02-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
1 $10,737
2 14,512
3 18,287
4 22,062
5 25,837
6 29,612
7 33,387
8 37,162
*
*For family units with more than 8 members, add $2,900 for each additional member.
3. Definition of Homeless Individuals
For the purposes of funding under the CFN, the term "homeless" or "homeless
individual" includes:
Page 1 of 3
CONTRACT NO: FY02CFN-5001
Exhibit A Continued
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
(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 ($3,723.00). 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.
Page 2 of 3
CONTRACT NO: FY02-CFN-5001
Exhibit A Continued
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.
Page 3 of 3
CONTRACT NO: FY02-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
Page 1 of 3
CONTRACT NO: FY02-CFN-5001
Exhibit B Continued
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 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
Page 2 of 3
CONTRACT NO: FY02-CFN-5001
Exhibit B Continued
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 certif►cation.
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.
Page 3 of 3
Community Food and Nutrition Agreement with Weld Food Bank
Based on State approval of the Community Food and Nutrition Contract, Weld Food Bank has
signed a subcontract to administer the program. The program will provide funding in the amount
of $3,723.00 to continue the supplemental mini-food box program initiated by the agency.
All funds are to be expended by June 30, 2002.
We are recommending that the Board approve the subcontract with Weld Food Bank.
Page 4 of 3
Hello