HomeMy WebLinkAbout992389.tiff RESOLUTION
RE: APPROVE COORDINATION AND PURCHASE OF SERVICES AGREEMENT FOR
SUPPLEMENTAL MINI BOX PROGRAM AND AUTHORIZE CHAIR TO SIGN -WELD
COUNTY FOOD BANK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Coordination and Purchase of
Services Agreement for the Supplemental Mini Box 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 Weld County Food Bank, commending upon
full execution of said agreement, and ending June 30, 2000, 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 for the Supplemental Mini Box 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 Weld County 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 29th day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
��� D COUNTY, OLORADO
ATTEST: ,auhi AV
Da/l=• K. Hall, Chair
Weld County Clerk to the : a`�
• t _ f( — ,iarb a J. Kirkmeye , P o-Tem
?`nom /
BY: c . co - dry,• �:' ,
Deputy Clerk to the t -Hr ,
l 140 w � �. ,y2 ,
APPR VE6 AS C;Fpj: E. B ter
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7° 7_ M. J. ile
Cnty Attorney County ) EXCUSED
/ Glenn Vaad
992389
.a', SS SS0026
•
DEPAR,TMUP4T;pF.SOp1t4 SERVICES
PO BOX A
GREELEY.CO 80832
Administrauonand Public Assistance(970)352-1551
Child Sipport(970)352-8933
OProtective and Youth Services(970)352-1923
COLORADO MEMORANDUM
TO: Dale K. Hall, Chair Date: September 20, 1999
Board of County Commissioners FR: Judy A. Griego, Director, Social Services, a q.t.,Coor
dination and Purchase of Services Agr Weld
Food Bank and Weld County
Enclosed for Board approval is a Coordination and Purchase of Services Agreement
between the Weld Food Bank and Weld County under the Community Food and
Nutrition Program.
The major provisions of the Agreement are as follows:
1. The term of the Agreement commences upon its proper execution and ends June
30, 2000.
2. The source of funds is the Community Food and Nutrition Program funds under
the Community Services Block Grant Act.
3. The Agreement encompasses the provisions of the 1999 Application submitted by
Weld County to the Colorado Department of Local Affairs on behalf of the Weld
County Food Bank for a total of$3,110.90. This money will serve a total of
1,037 people who will receive food to supplement their diet.
If you have any questions, please telephone me at extension 6510.
•
992389
CONTRACT NO: FY99-CFN-5001
COORD[NATION AND PURCHASE OF SERVICES AGREEMENT
BETWEEN WELD FOOD BANK AND
WELD COUNTY
THIS AGREEMENT, made and entered into this _ 29th day of September by and
between the Weld County Board of County Commissioners, hereinafter referred to as "Weld
County," and "Weld Food Bank," hereinafter referred to as the Contractor."
WITNESSETH:
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Contract Encumbrance Number FY99-CFN-5001; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS. the State of Colorado has received Community Food and Nutrition (CFN)
program funds under the provisions of Section 681 A of the Community Services Block Grant
Act as amended by Public Law 99-425 of the Human Services Reauthorization of 1986, and the
Augustus F. Hawkins Human Services Reauthorization Act of 1990, Public Law 501-101 and
Public Law 104-208 and under Grant Number G99B3-CO-COSR, the fiscal year 1999
Appropriations Bill Public Law 104-31; and
WHEREAS, the State of Colorado has awarded a certain amount of its 1999 CFN funds
to Weld County; and
WHEREAS, Weld County has received application from the Contractor for allocations
from Federal CFN funds available to Weld County; and
WHEREAS, the Contractor is one of the eligible private nonprofit organizations to
receive CFN funds; and
WHEREAS, Weld County and Contractor desire to cooperate to achieve maximum
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CONTRACT NO: FY99-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:
I. Term
This Contract shall become effective upon proper execution of this Agreement and shall
expire June 30, 2000. 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, 2000.
2. Scope of Services and Payment Schedule
The Contractor has prepared a one year CFN Plan, in accordance with policies and
procedures developed by Weld County. In consideration for the monies and negotiated
funding and programmatic criteria to be received from Weld County,the Contractor shall
do, perform, and carry out in a satisfactory and proper manner, as determined by Weld
County, all work elements as indicated in the "Scope of Services and Payment
Schedule," set forth in the attached Exhibit A, which is attached hereto and incorporated
herein by reference, hereinafter referred to as the "Project." Work performed prior to the
execution of this Contract shall not be considered part of this Project.
3. Funding and Method of Payment
Weld County agrees to pay to the Contractor, in consideration for the work and services
performed, a total amount not to exceed Three Thousand One Hundred Ten and
90/100ths Dollars.($3,110.901.
Expenses incurred by the Contractor, in association with said project prior to
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CONTRACT NO: FY99-CFN-5001
execution of this Agreement, are not eligible CFN expenditures and shall not be
reimbursed by Weld County.
Payment will be prorated or reduced if the Contract is terminated before June 30, 2000,
pursuant to Section 14.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the
Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of
Colorado. The required annual audit of all funds expended under the CFN must conform
to the Single Audit Act of 1984 and OMB Circular A-128.
5. Payment Schedule
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Contractor shall provide proper quarterly invoices and verification of
services performed for costs incurred in the performance of this Agreement.
b. Welc.County may withhold any payment if the Contractor has failed to comply
with the Financial Management Requirements, program objectives, contractual
terms, or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit B, which
is attached hereto and incorporated herein by reference.
7. Program Reports
Quarterly Programmatic Status Report The Contractor shall submit to the Department
one (1) copy of the quarterly programmatic status report in the manner prescribed by
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CONTRACT NO: FY99-CFN-5001
Weld County
8. Monitoring and Evaluation
The Contractor and Weld County agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Colorado Department of Local
Affairs, other appropriate funding sources,the Contractor, and Weld County. The results
of the monitoring and evaluation shall be provided to Weld County. The Contractor shall
permit the Colorado Department of Local Affairs, the U.S. Department of Housing and
Urban Development, and any other duly authorized agent or governmental agency, to
monitor all activities conducted by the Contractor pursuant to the terms of this
Agreement. As the monitoring agency may in its sole discretion deem necessary or
appropriate, such monitoring may consist of internal evaluation procedures, examination
of program data, special analyses, on-site checking, formal audit examinations. or any
other reasonable procedures. All such monitoring shall be performed in a manner that
will not unduly interfere with agreement work.
9. Modification of Agreement
All modifications to this Agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Social Services or designee may exercise any or all of the following
remedial actions should s/he find the Contractor substantially failed to satisfy the scope
of work found in this Agreement. Substantial failure to satisfy the scope of work shall
be defined to mean incorrect or improper activities or inaction by the Contractor as
determined solely by the Director. These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or corrections
in performance are satisfactorily completed.
b. Request the removal from work of those employee(s) and/or agent(s) of the
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CONTRACT NO: FY99-CFN-5001
Contractor whom the Director or designee identifies as being incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable, or whose
continued employment on the Agreement s/he deems to be contrary to the public
interest or not in the best interest of Weld County.
c. Deny payment or recover reimbursement for those services or deliverables which
have not yet been performed and which due to circumstances caused by the
Contractor cannot by performed or if performed would be of no value to the
Weld County. Denial of the amount of payment shall be reasonably related to the
amount of work or deliverables lost to Weld County.
d. Incorrect payment to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from subsequent
payments under this Agreement or other agreements between Weld County and
the Contractor,or by Weld County as a debt due to Weld County or otherwise as
provided by law.
11. Representatives
For the purposes of this Agreement, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from time to time
designate in writing a new or substitute representative(s):
For Weld County: For the Contractor
Judy A. Griego, Director, WCDSS 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 seat:
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CONTRACT NO: FY99-CFN-5001
To: Weld County To: Weld Food Bank
Judy A. Griego, Director Leona Martens,Executive Director
P.O. Box A 104 11th Ave.
Greeley, Colorado 80632 Greeley, Colorado 80631
13. Litigation
The Contractor shall promptly notify Weld County in the event that the Contractor
learns of any actual litigation in which it is a party defendant in a case which involves
services provided under this Agreement. The Contractor,with five(5)calendar days after
being served with a summons, complaint, or other pleading which has been filed in any
federal or state court or administrative agency, shall deliver copies of such document(s)
to the Social Services' Director. The term "litigation" includes an assignment for the
benefit of creditors, and filings in bankruptcy reorganization and/or foreclosure.
14. Termination
This Agreement may be terminated at any time by either party given thirty (30) days
written notice and is subject to the availability of funding.
15. Entire Agreement
ThisAgreement,together with all attachments hereto,constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed
or modified except as stated in Paragraph 9 herein.
Page 6 of 7
CONTRACT NO: FY99-CFN-5001
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month and year first above written.
Wy.Lp COUNTY 7 WELD FOOD BANK, INC.
'.>CtilvtOt d l (fug io /'
Dale K. Hall, Chair ( 9/29/99) Donna H. Cearlock, President
ATTEST: A..,a . / / . . ANN To /-
Weld County Clerk to the Board i u
BY: LO,0464.4 pctRil -c
Deputy Clerk , N •••�
Page 7 of 7
CONTRACT NO: FY99-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 $10,300
2 13,825
3 17,350
4 20,875
5 24,400
6 27,925
7 31,450
8 34,975
*For family units with more than 8 members, add $2,820 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: FY99CFN-5001
Exhibit A Continued
a. An individual who lacks a fixed, regular, and adequate nighttime residence.
b. An individual who is a resident of:
(1) a supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare hotels, congregate
shelters, and transitional housing for the mentally ill); or
(2) an institution that provides a temporary residence for individuals intended
to be institutionalized; or
(3) a public or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
c. An individual who is at risk of becoming homeless.
4. Compensation and Method of Payment
Contractor, in consideration for the work and services to be performed, a total amount
not to exceed Three Thousand One Hundred Ten and 90/100ths Dollars($3,110.90). The
method and time of payment shall be made in accordance with the "Payment Method"
set forth herein.
5. Payment Schedule
Interim payment to be made upon submission of appropriate documentation which
include designated narrative reports and invoices. The Contractor may request
reimbursement every 30 days for expenses incurred under the Contractor's plan, which
has been approved by Social Services.
Page 2 of 3
CONTRACT NO: FY99CFN-5001
Exhibit A Continued
6. Contract Monitoring
The Social Services will monitor the Project on an as needed basis.
7. Reporting Schedule
The Contractor will submit a narrative report detailing the progress of the Project.
Program reports will be required quarterly and at the conclusion of the Project. These
reports shall describe and evaluate any difficulties encountered in accomplishing the
specifics of the Project and suggest any improvements.
Page 3 of 3
CONTRACT NO: FY99CFN-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 cf 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 cif 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.
Page 1 of 3
CONTRACT NO: FY99CFN-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 from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that
will provide accurate,current, separate,and complete disclosure of the status of the funds
received under the Agreement are maintained for three (3) years or the completion and
resolution of an audit. Such records shall be sufficient to allow authorized local,
Federal, and State auditors and Representation to audit and monitor the Contractor.
9. The Contractor assures that authorized local, Federal, and State auditors and
representatives shall, during business hours, have access to inspect and copy records,
and shall be allowed to monitor and review through on-site visits, all contract activities,
supported w.th 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 End 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.
Page 2 of 3
CONTRACT NO: FY99CFN-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.
d. Have not within a three-year period preceding this Agreement, had one or more
publ ic transactions (Federal, State, and local) terminated for cause or default.
Page 3 of 3
Community Food and Nutrition Agreement with Weld Food Bank
Based on State approval of the Community Food and Nutrition Contract, Weld Food Bank has
signed a subcontract to administer the program. The program will provide funding in the amount
of $2,468.04 to continue the supplemental mini-food box program initiated by the agency.
All funds are to be expended by June 30, 2000.
We are recommending that the Board approve the subcontract with Weld Food Bank.
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