HomeMy WebLinkAbout940649.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT FOR COMMUNITY FOOD
AND NUTRITION PROGRAM SUBCONTRACT WITH WELD FOOD BANK AND AUTHORIZE
CHAIRMAN 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 Coordination and Purchase of
Services Agreement for Community Food and Nutrition Program Subcontract 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, with 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 for Community Food and Nutrition Program
Subcontract 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 Chairman 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 11th day of July, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: , 1 / // WELD COUNTY, COLORADO
//01z4(
Weld County C erk t //l
W. I Webster, Chairman
BY: EXCUSED DATE OF SIGNING (AYE)
Deputy Clerk to the Board Dal . Hall, Pro-Tem
if
APPROVED AS TO FORM: �y� fe!
Ge g4 E. Baxter 71 1
ajt
County At o Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940649
'Ti
D c R F7 71
v J
CONTRACT NO: FY94-CFN-5001 cu COORDINATION AND �URCNASEI dF 5EItVI� S AGREEMENT199� JULi��- Ml ID: 20
BETWEEN WELD F@Ppr; NK AND
WELD COUNTY DEPARTMR1`PUF SOCIAL SERVICES
THIS AGREEMENT, made and entered into this day of June, 1994, by
and between the Board of County Commissioners, on behalf of the Weld County
Department of Social Services, hereinafter referred to as "Social Services, "
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
FY94-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(b) (1) of
the Community Services Block Grant Act as amended by Public Law 99-425 of the
Human Services Reauthorization Act, dated September 30, 1986, under Grant
Number G94B3COCOSR, the Fiscal Year 1994 Appropriations Bill; and
WHEREAS, the State of Colorado has received its 1994 CFN Program
Funds, and awarded funds to Social Services; and
WHEREAS, Social Services has received applications from private
nonprofit organizations in Weld County 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, Social Services 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.
Page 1 of 6
940649
CONTRACT NO: FY94-CFN-5001
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 December 31, 1994. 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 December
31, 1994.
2. Scone of Services and Payment Schedule
The Contractor has prepared a one year CFN Plan, in accordance with
policies and procedures developed by the Social Services. In
consideration for the monies and negotiated funding and
programmatic criteria to be received from Social Services, the
Contractor shall do, perform, and carry out in a satisfactory and
proper manner, as determined by the Social Services, 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
Social Services agrees to pay to the Contractor, in consideration
for the work and services performed, a total amount not to exceed
Three Thousand Nine Hundred And Forty-two Dollars ($3,942.00)
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 Social Services.
Payment will be prorated or reduced if the contract is terminated
before December 31, 1994, pursuant to Section 14.
Page 2 of 6
9C0619
CONTRACT NO: FY94-CFN-5001
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. Social Services 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 Social Services.
8. Monitoring and Evaluation
The Contractor and Social Service agree that monitoring and evaluation
of the performance of this Agreement shall be conducted by the Colorado
Department of Local Affairs,
Page 3 of 6
9t:0649
CONTRACT FY94-CFN-5001
other appropriate funding sources, the Contractor, and Social Services.
The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners. 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. Remediaq
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 Social Services;
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 Social Services. Denial of the
Page 4 of 6
CONTRACT FY94-CFN-5001
amount of payment shall be reasonably related to the amount of work
or deliverables lost to Social Services;
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 Social Services and the Contractor, or by Social
Services as a debt due to Social Services 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 Social Services: For the Contractor
Jim Sheehan. Director. WCHA Leona Martens. Executive Director
Name Title Name Title
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: Social Services To: Weld Food Sank
Judy A. Griego. Director Leona Martens. Executive Director
F.O. Box A 104 11th Avenue
Greeley.CO Greeley. CO
Page 5 of 6
949649
CONTRACT FY94-CFN-5001
13. Litigation
The Contractor shall promptly notify Social Services 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.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement
as of the day, month and year first above written.
WELD COUNTppY�� WELD FOOD BAK, INC./ zi / /) r W.H. Webster, Chairman /MO/ Ga! r P 'ce, President
/ .
Judy A. ego, Di ctor L na Martens, Executive
/ 1 G%� Director
424 t il_..,
ATTEST: f /
Weld County Clerk to the Board
AT T:\ \_ r �
. By V)9\C 9.., \� JieCeW
By: c_--( .447 '
A }}}, 'T6 %th OF COUNTY
COMMISSIONER SIGNATURES ONLY, Page 6 of 6
94,06 ei 9
CONTRACT NO: FY94-CFN-5001 Page 1 of 2
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 1,300 low income individuals and families. Referrals will be
limited to Weld Information and Referral Services and the Salvation
Army.
2. Definition of Client Eligibility
A homeless individual is eligible for assistance under CFN if his/her
income is at or below the poverty line established annually in the HHS's
Poverty Income Guidelines which are set forth in this paragraph or
subsequently promulgated by the Colorado Department of Local Affairs in
an amendment letter.
Size of Family Unit Poverty Guideline
1 $ 9,200
2 12,300
3 15, 400
4 18,500
5 21,600
6 24, 700
7 27,800
8 30,900
*
*For family units with more than 8 members, add $3, 100 for each additional
member.
3. Definition of Homeless Individuals
For the purposes of funding under the ECHS and CFN, the term "homeless"
or "homeless individual" includes:
a. An individual who lacks a fixed, regular, and adequate nighttime
residence; and,
b. An individual who is a resident of a-
(1) A supervised publicly or privately operated shelter designed
9410649
CONTRACT NO: FY93-CFN-5001 Page 2 of 2
Exhibit A Continued
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 Nine Hundred And Forty-two
Dollars ($3,942.00) 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.
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.
940649
Contract No. FY93-CFN-5001 Page 1 of 3
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 remainipg .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 form
94:0649
CONTRACT NO: FY94-CFN-5001 Page 2 of 3
Exhibit B Continued
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 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
9C0649
Contract No 94-CFN-5001 Page 3 of 3
Exhibit B Continued
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; and
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.
9496,19
riftQ
WELD COUNTY HOUSING AUTHORITY
PRONE(303)3521551
P.O. Box A
GREELEY.COLORADO 80632
COLORADO
TO: W.H. Webster, Chairman, Board of County Commissioners
FROM: Judy Griego, Director, Department of Social Services
SUBJECT: Emergency Community Services Homeless Grant and Community Food
and Nutrition Subcontracts
DATE: July 7, 1994
As discussed at the Board meeting of June 13, 1994, the State has awarded $13,569 to Weld County
for the Emergency Community Services Grant Program and the Community Food and Nutrition
Program. Of the amount granted, $9,627 is allocated to the Emergency Community Services Homeless
Grant Program and $3,942 is allocated to the Community Food and Nutrition Program.
Subcontracts have been received from Weld Information and Referral Service to conduct homeless
prevention activities and from Weld Food Bank for the provision of nutrition services to low income
persons.
The contracts specify performance criteria for each agency. Through the contract Weld Information
and Referral Service will receive $9,627 and Weld Food Bank will receive $3,942.
We are recommending that the Board approve the subcontracts with Weld Information and Referral
Service and Weld Food Bank.
If you have any questions, please telephone me at 352-1551 ext.
94O649
Hello