HomeMy WebLinkAbout20012848.tiff RESOLUTION
RE: APPROVE CONTRACT FOR COMMUNITY FOOD AND NUTRITION PROGRAM 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 a Contract for the Community Food and
Nutrition Program 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 20, 2002, 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 Contract for Community
Food and Nutrition Program 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 8th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST: !
n44/44/ �,'I ./Z/g/
�. �-
8►u•• . J. eile, Chair
Weld County Clerk to the •w F `4
lenn Vaad, Pro-Tem----
BY:
Deputy Clerk to the Boar%
Willia . erke
APPR V AST M:
vid E. Long
minty Aine� �y
Robert D. Masden
Date of signature: / /4'
2001-2848
SS0028
- DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
'iritD i Ii WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
III
C. ChildSupport(970)352-6933
COLORADO MEMORANDUM
TO: M.J. Geile, Chair Date: October 1, 2001
Board of County Commissioners ''
FR: Judy A. Griego, Director, Social Services 1Cl/� a 6H-OP
�
RE: Community Food and Nutrition Program C tract Between tie 1
Weld County Department of Social Services and the Colorado
Department of Local Affairs - Program Year 2001-2002
Enclosed for Board approval is a Community Food and Nutrition Program Contract
between the Weld County Department of Social Services and the Colorado Department
of Local Affairs for the program year of 2001-2002.
The major provisions of the Contract are as follows:
."
1. The term begins on the date the contract is fully executed and ends June AO, 2002.
2. The contract provides for$3,723 in Community Food and Nutrition (CFN)
Program funds under the Federal Community Services Block Grant (CSBG).
There are no state or county matching funds required.
3. The Weld County Department of Social Services will be the pass through for
CFN funds to the Weld Food Bank to serve 1,241 eligible persons to help them
receive food supplements of such items as eggs, fresh vegetables and canned
food.
If you have any questions, please telephone me at extension 6510.
2001-2848
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
003d.5-
COMMUNITY FOOD AND NUTRITION PROGRAM CONTRACT
ON. her
THIS CONTRACT, made this /5 day of 2O01 by and between the State of Colorado for the use and
benefit of the Department of Local Affairs, 1313 Sherman Street, Room 518 Denver, Colorado 80203 hereinafter referred to
as the State,and WELD COUNTY BOARD OF COMMISSIONERS, 915 10'n STREET, GREELEY, CO 80632 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
HCOO , Appropriation Codes 112 , Contract Encumbrance Number H2CFN01211 , GBL Number 1F11
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(HMS) under Section 681A of the Community Services Block Grant Act,
as amended by Public Law 99-425, Public Law 501-101, and Public Law 104-208, authorizing funding for the Community
Food and Nutrition(CFN)program; and
WHEREAS, the State of Colorado has received its Fiscal Year 2001 funding under Appropriation#75-1-1536, funds
awarded to states are governed by the provisions of 31 USC 6503(a)and 45 CFR Subpart B, Section 96.12; 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 State has received Community Food and Nutrition (CFN) Program funds under the provisions of
Section 681A of the Community Services Block Grant Act, Title VI of the Omnibus Budget Reconciliation Act of 1981, Public
Law 97-35, as amended by Public Law 99-425 of the Human Services Reauthorization Act of 1986, and the Augustus F.
Hawkins Human Services Reauthorization Act of 1990, Public Law 101-501 and the Human Services Amendments of 1994
Public Law 103-252 under Grant Number G01 B3-CO-COSR, the Fiscal Year 2001 Appropriations Bill Public Law 105-285;
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 entitles to receive CFN funds;and
WHEREAS,the Contractor is capable and desires to perform the services contained in its approved project 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 JUDY A. GRIEGO an employee or agent of Contractor,who is hereby designated as the administrator-in-charge
of this Project. At any time the administrator-in-charge 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
Page 1 of 9 Pages
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 as set forth in
Exhibit A. 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 completion of the Project shall occur
no later than the termination date set forth in the Scope of Services.
4. Eligibility and Purposes.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 unserved areas; and
to develop innovative approaches at the State and local levels to meet the nutrition needs of low-income people.
5. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed,
or otherwise compensated with 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 many immediately terminate this Contract.
6. Obligation, Expenditure and Disbursement of Funds.
a) 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.
b) 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 State in an amendment letter.
Family Unit Size 1 2 3 4 5 6 7 8 9+
Poverty Guideline 10,737 14,512 18,287 22,062 25,837 29,612 33,387 37,162 `•
**For family units with more than 8 members, add$3,020 for each additional member.
c) Definition of a Homeless Persons. 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,
iii) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for
human beings.
d) 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 THREE THOUSAND SEVEN HUNDRED TWENTY
THREE AND NO/100THS DOLLARS ($3,723.00) .The method and time of payment shall be made in
accordance with the"Payment Method"set forth herein.
7. 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. 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.
Page 2 of 9 Pages
8. Payment Method. Unless otherwise provided in the Scope of Services:
a) the Contractor shall periodically initiate all drawdown 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.
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.
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 contractors (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 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 an 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 1984, Pub. L. 98-502, 24 CFR Part 44, 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 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. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no
authorization, express or implied, to bind the state to any agreements, settlements, liability or understanding except as
expressly set forth herein.
11. Personnel. The Contractor represents that it has, or will secure at its own expense, unless otherwise stated in the
Scope of Services, all personnel, as employees of the Contractor, necessary to perform the work and services required to be
performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual
relationship with the State and no such personnel are eligible for employee benefits, unemployment compensation or any
other benefits accorded to State employees and Contractor agrees to indemnify the State for any costs for which the State
may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax
withholding. All of the services required hereunder will be performed by the Contractor or under its supervision, and all
personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such
services.
The Contractor is responsible for providing Workmen's Compensation Coverage for all of its employees to the extent required
by law, and for providing such coverage or requiring its subcontractors to provide such coverage for the subcontractor's
employees. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or
subcontractors of the Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for
which the State may be found liable in this regard.
12. 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.
13. Contract Termination.This contract may be terminated as follows:
Page 3 of 9 Pages
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 determines that the
purposes of the distribution of CFN monies under the Contract would no longer be served by completion of the Project. 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 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.
14. 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 modification shall be incorporated into and be
part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth in the
Financial Management Requirements if programmatic or budgetary modifications are desired:
i) The contractor must submit a written request to the Department and obtain prior written approval from the
Department under the following circumstances:
a. unless.otherwise specified in the Scope of Services,when cumulative budgetary changes exceed five
(5) percent of the total contract amount or Five Thousand Dollars ($5,000),whichever is less;
b. when any budget transfers to or between budgeted categories are proposed;
c. when the scope,objective or completion date of the Project changes;
d. when less State funding is needed;
e. when revisions pertain to the addition of items requiring approval in accordance with the provisions of
the subsection of the Financial Management Requirements entitled"Cost Principles."
ii) Under the following circumstances and in addition to the foregoing procedure, prior approval for changes
must be authorized by the State in an amendment to this contract properly executed and approved in
accordance with applicable law:
a. when cumulative budgetary changes exceed ten (10) percent of the total contract amount or Ten
Thousand Dollars($10,000),whichever is greater;
b. when the scope, objective or completion date of the Project changes substantially,as determined by
the Department; and
Page 4 of 9 Pages
c. when any additional State funding is needed.
Under such circumstances, the Department's approval is not binding until memorialized in the contract
amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than
as set forth in subparagraphs a and b 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.
15. 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.
16. Reports.
a) Financial Reports. The Contractor shall submit to the Department two (2) copies of quarterly financial status
reports in the manner and method prescribed by the Department.The report is due within 10 days following the
end each calendar quarter until completion of the project..
b) Performance Reports. The Contractor shall submit to the Department one (1) copy of project completion report
for CFN in a manner and method prescribed by the Department. The report is due within 10 days following the end of each
calendar quarter until completion of the project.
17. 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 thereunder, 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
ii. 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
Page 5 of 9 Pages
b. An opinion of the Contractors attorney 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);
Hi) 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;
d. Whether the interest or benefit was present before the affected person was in a position as
described in this subparagraph b);
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.
18. 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.
19. Nondiscrimination Provisions. In accordance with Sec. 677 of the Act, no person shall on the grounds of race, color,
national origin, or sex be excluded from participation or be denied the benefits of, or be subjected to discrimination under, any
program or activity funded in whole or in part with funds made available under Sec. 677.Any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975 or with regard to otherwise qualified handicapped individuals as
provided in Sec. 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. Violations shall be
subject to the penalties set forth in subsection (b) and (c) of Sect. 677 and the Contractor agrees to indemnify and hold the
State harmless from any claims or demands which may arise under this provision.
20. Monitoring and Evaluation. The Department of Local Affairs, Division of Housing 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.
21. 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.
22. 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.
23. 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.
24. 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.
Page 6 of 9 Pages
25. 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.
26. 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.
27. 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.
Page 7 of 9 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This Contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. 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.
BOND REQUIREMENT
3. If this Contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any
building,road,bridge,viaduct,tunnel,excavation or other public work for this State,the Contractor shall,before entering upon the performance of any such
work included in this Contract,duly execute and deliver to the State official who will sign the Contract,a good and sufficient bond or other acceptable surety
to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this Contract. Such bond shall be duly
executed by a qualified corporate surety,conditioned upon the faithful performance of the Contract and in addition, shall provide that if the Contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such
Contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at
the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the Contractor arising under such contract shall
be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu
of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the Contractor shall indemnify,save and hold harmless the State,its employees and agents,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.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this Contract,the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed,color, national origin,sex, marital
status, religion,ancestry,mental or physical handicap,or age. The Contractor will take affirmative action to insure that applicants are employed,and that
employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of
compensation;and selection fortraining,including apprenticeship.The Contractor agrees to post in conspicuous places,available to employees and applicants
for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap, or age.
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the Contractors commitment under
the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975,and by the rules, regulations and Orders of the Governor,or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations
and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,
creed,color,sex,national origin, or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 7/97
395-53-01-1022
Page 8 of 9 Pages
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(g) In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules, regulations,or orders,this
contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules, regulations or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity
and Affirmative Action of April 16, 1975, or by rules, regulations or orders promulgated in accordance therewith, or as otherwise provided by law.
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(h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions, including sanctions for non-compliance;provided,however,that in the event the Contractor
becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the Contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent
necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. 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.
8. 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.
9. Pursuant to CRS 24-30-202.4(as amended),the State Controller may withhold debts owed to state agencies under the vendor offset intercept system
for:(a)unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest.or other charges specified in Article 22,Title 39,CRS;
(c) unpaid loans due to the student loan division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment
Compensation Fund;and(e)other unpaid debts owing to the State or any agency thereof,the amount of which is found to be owing as a result of final agency
determination or reduced to judgement as certified by the Controller.
10. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public
Office), and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property
described herein: ,
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: WELD COUNTY BOARD OF COMMISSIONERS STATE OF COLORADO
(Full Legal Nam BILL O NS,GO O
•
By 4'
EXECUTIVE CTO Bob Brooks
By M. J. Geile, (10/08/2001)
DEPARTMENT
Position(Title) Chair OF LOCAL AFFAIRS
84-6000-813
Sonal Security Number or Federal ID Num•�� E z `
za
(If Corporation:) s
lt.,,,, 4o
Attest(Se-I) 1 . 2 g
c. • 4 iLb
By
NEPAIIIIEMIPXXIVIMIL
Deputy Clerk to the Board APPROVALS
ATTORNEY GENERAL STATE CONTROLLER
Ken Salazar Arthur L. Barnhart
•
By '-j 0 - By4 -O-2‘,-O L-r C b
Form 6-AC-02C
Revised 7/97
395-53-01-1030 Page 9 which is the last of 9 pages
EXHIBIT A
Scope of Service
EXHIBIT A
SCOPE OF SERVICES
WELD COUNTY H2CFN01211
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
subgrantee to carry out CFN activities.
2. Financial Requirements.The Contractor shall comply with the policies,guidelines, and requirements of 24
CFR part 58 (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 Housing will monitor the Project
5. Project Budget.
ACTIVITY CFN AMOUNT TOTAL COST
Nutrition Services $3,723.00 $3,723.00
6. Time of Performance
The Project will commence upon the execution of this Contract and will expire on June 30,2002. However,
the project time of performance for CFN funds may be extended by letter, subject to mutual agreement of
the State and the Contractor.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,
2002, and shall include a full justification for the extension request.
7
Payment Schedule
I. $3,723.00 Interim payments to be made upon submission of appropriate
documentation which include designated narrative and financial reports.
The Contractor may request reimbursement every 30 days.
$3,723.00 Total Project Costs
8. Reporting Schedule
The Contractor shall submit quarterly Financial Status and Program reports for each funding source on the
forms prescribed by the Department of Local Affairs, Division of Housing. The final Financial Status and
Program reports shall be submitted within twenty (20)calendar days after the completion of the Project.
Page 1 of One page
COMMUNITY FOOD & NUTRITION PROGRAM
2001 APPLICATION 20th SEP 24 AN it 56
Agency: Weld Food Bank Grant Amount: $3 , 723 .00
Address: 104 11th Avenue
Greeley , CO 80631
Contact Person: Lebna Martens Telephone #: 970 356-2199
Federal Objective/s Gra\tt Complies With:
X X a: To coordinate existing private and public food assistance resources,
whenever such coordination is determined to be inadequate, to better
serve low-income communities;
_ b: To assist low-income communities to identify potential sponsors of
child nutrition programs and initiate new programs in underserved and
unserved areas; and
c: To develop innovative approaches at State and local levels to meet
the nutrition needs of low-income people.
Applicant Program Description:
There is a waiting list of 700 who need housing assistance. The economy is faltering.
People are concerned and especially the elderly and disabled who do not have the option
of working yet another job. The chance of people being hungry and becoming homeless
is on the increase.
Weld Food Bank continues to expand our services to the vulnerable in our county. A
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specific focus for this next year will be the south county region.
The Weld Food Bank will acquire food through community food drives,from local
producers,through the America's Second Harvest National Food Bank Network,from
local grocery stores,from USDA'and if necessary purchasing the food to insure a box of
food that is of high quality and nutrition.
With$3723, 1241 persons would receive food to help supplement their diet. The food
will include such hems as eggs,fresh vegetables and canned items.
Signature of Authorized Representative' - d[/;A
g:\dohcom\cfn99\cfnap101.frm . J. GEILE, CHAIR (10/08/2001)
OARD OF COUNTY COMMISSIONERS
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