HomeMy WebLinkAbout920681.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT 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 between the Weld Food Bank and the Weld County Department of
Social Services, commencing June 27, 1992, and ending June 30, 1993, with the
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 Weld Food Bank and the Weld County
Department of Social Services 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 27th day of July, A.D. , 1992, nunc pro tunc
June 27, 1992.
koytatB t,' .q ll 4Q BOARD OF COUNTY COMMISSIONERS
ATTEST: -! +I r
� Jam" yt WELD COUNTY, COLORADO
Weld County Clerk to the Board
G gge Ke edy, airman
BY: � �1 Cwt-tip /d//� �/�/�a
Deputy Cle to the Board Constance L. Harbert, Pro-Tem
APPROVED AS 0 FORM: a
C. Kir y
County Attorney Gor
W. H. We ster
920681
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CONTRACT NO: FY92-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 ao2 day of July, 1992, 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 FY92-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 G92B3COCOSR, the
Fiscal Year 1992, Appropriations Bill; and
WHEREAS, the State of Colorado has received its 1992 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.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant
and agree as follows:
Page 1 of 6
CONTRACT NO: FY92-CFN-5001
1. Term
This Contract shall become effective upon proper execution of this
Agreement and shall expire June 30, 1993. 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, 1993.
2. Scope 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 One Thousand
Three Hundred And Fifty Dollars ($1, 350.00)
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
June 30, 1993, 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 monthly 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.
Page 2 of 6
320681
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CONTRACT NO: FY92-CFN-5001
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
a. Monthly Programmatic Status Report The Contractor shall submit to the
Department one (1) copy of the monthly 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, 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. 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 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 thO206$
CONTRACT NO: FY92-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 Martins, 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 Bank
Judy A. Griego, Director Leona Martens, Executive Director
P.O. Box A 104 11th Avenue
Greeley, CO 80632 Greeley, CO 80631
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 10
herein.
920681
CONTRACT NO: FY92-CFN-5001
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month and year first above written
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES WELD FOOD BANK, INC.
amt 4 . 0-141
Judy . Gri go, Director it Carol Cox, President
Leona Martens, Executive Director
ATTEST:
///// By:
ATTEST: I�� Mt BOARD OF WELD COUNTY COMMISSIONERS OF
Weld County Clerk to the Board WELD COUNTY, COLORADO 44.BY: p lis
Deputy Clerk George Kenne y, Chairman 07/Q/gam
ATE STfl TO BOARD OF COUNTY
CU:rr;i SiDNER S:2NATU'ES ONLY
r". r..
CONTRACT NO: FY92-CFN-5001
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. General Scope of Services
This project consists of purchasing food for food boxes for 450 low income
individuals and families.
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 $ 8,813
2 11,488
3 14,463
4 17,438
5 20,413
6 23,388
7 26,363
8 29,338
*
*For family units with more than 8 members, add $2,825 for each additional member.
3. Definition of Homeless Individuals
For the purposes of funding under the EHP 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 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.
Page 1 of 3
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CONTRACT NO: FY92-CFN-5001
4. Compensation and Method of Payment
Contractor, in consideration for the work and services to be performed, a total
amount not to exceed One Thousand Three Hundred And Fifty Dollars ($1,350.00) .
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 monthly 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: FY92-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, volunteers, 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 sections, subsections, paragraphs,
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 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.
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CONTRACT NO: FY92—CFN-5001
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 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.
981
•
jr(Vid
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX
GREELEY,COLORADO 80632' - administration and Public Assistance(303)352-1551
Child C Support(303)352-6933 Protective and Youth Services(303)352-1923
OFood Stamps(303)356-3850
FAX(303)353-5215
COLORADO
TO: George Kennedy, Chairman
Weld County Board of County mmi s'oners
FROM: Judy A. Griego, Director
SUBJECT: Purchase of Services Agreeme t Bet een Weld Food Bank and Weld
County Department of Social S rvic. s
DATE: July 24, 1992
Attached for Board approval is the Community Food and Nutrition Contract with
Weld Food Bank. Funds in the amount of $1,350 is awarded as part of the
Emergency Community Services Homeless contract. The funds will be used by
Weld Food Bank to provide food for the homeless.
Weld Food Bank expects to serve 450 individuals through this program.
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920681
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