HomeMy WebLinkAbout972376.tiffRESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT 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 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,
1998, 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 10th day of November, A.D., 1997.
ATTEST:
Weld Coun
BY.
Deputy Clerk
AP
(?O : SS; ore
BOARD OF COUNTY COMMISSIONERS
WELD C UNTY, COLQRADO
George E. Baxter, Chair
Dale K. Hall
arbara J. Kirkmeyer
W. H. Webster
972376
SS0023
r
CONTRACT NO: FY97-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 O,° el ,,
/OM day of f� cLr1997, 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:
WITEREAS, 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 FY97-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)(I) 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 101-
501 and the Human Services Amendments of 1994 Public Law 103-252 Under Grant Number
G9783-CO-COSR, the Fiscal Year 1997 Appropriations Bill Public Law 104-31 .
WHEREAS, the State of Colorado has received its 1997 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
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972.378
CONTRACT NO: FY97-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, 1998. 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, 1998
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 Two Thousand Four Hundred
and Sixty Seven and 96/100ths dollars ($2,467.96)
Expenses incurred by the Contractor, in association with said project prior to
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CONTRACT NO: FY97-CFN-5001
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, 1998, 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 -I28.
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
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CONTRACT NO: FY97-CFN-5001
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, 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:
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CONTRACT NO: FY97-CFN-5001
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 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
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CONTRACT NO: FY97-CFN-5001
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
P.O. Box A
Greeley, Colorado 80632
13. Litigation
Leona Martens, Executive Director
104 11th Ave.
Greeley, Colorado 80631
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.
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CONTRACT NO: FY97-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
George E. Baxter, Chair (11/10/97)
ATTEST:
Weld County er
10 rp
By:
Deputy Clerk
O
ATTEST:
d
Weld County Clerk to the Board
ATTEST:
WELD FOOD B NK, INC.
Ann Heiman, President
By:
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CONTRACT NO: FY97-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. Referrals will be limited to Weld Information and
Referral Services.
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
2
3
4
5
6
7
8
$ 9,863
13,263
16,663
20,063
23,463
26,863
30,263
33,663
*For family units with more than 8 members, add $2,720 for each additional member.
3. Definition of Homeless Individuals
For the purposes of funding under the CFN, the term "homeless" or "homeless
individual" includes:
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CONTRACT NO: FY97CFN-5001
Exhibit A Continued
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.
4. Compensation and Method of Payment
Contractor, in consideration for the work and services to be performed, a total
amount not to exceed Two Thousand Four Hundred and Sixty Seven and /100ths
dollars ($2,467.96.) 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.
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CONTRACT NO: FY97CFN-5001
Exhibit A Continued
7. Reporting Schedule
The Contractor will submit a narrative report detailing the progress of the Project.
Program reports will be required quarterly and at the conclusion of the Project. These
reports shall describe and evaluate any difficulties encountered in accomplishing the
specifics of the Project and suggest any improvements.
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CONTRACT NO: FY97CFN-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.
No portion of this Agreement shall be deemed to create an obligation on the part of
the County of Weld, State of Colorado, to expend funds not otherwise appropriated
in each succeeding year.
5. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is
for any reason held or decided to be unconstitutional, such decision shall not affect the
validity of the remaining portions. The parties hereto declare that they would have
entered into this Agreement and each and every section, subsection, paragraph,
sentence, clause, and phrase thereof irrespective of the fact that any one or more
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in the approved
Agreement or the proceeds thereof.
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CONTRACT NO: FY97CFN-5001
Exhibit B Continued
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.
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.
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CONTRACT NO: FY97CFN-5001
Exhibit B Continued
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.
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It 39
WI�YG
COLORADO
TO: George E. Baxter , Chair, Board
Commissioners
FROM: Judy Griego, Director, DepartmeSt of Social
Services
SUBJECT: Community Foocont act
DATE: October 31, 199
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 $2,467.96, to continue the supplemental mini -food box program initiated by the
agency.
All funds are to be expended by June 30, 1998.
We are recommending that the Board approve the subcontract with Weld Food Bank.
If you have any questions, please telephone me at 352-1551 ext.
972376
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