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HomeMy WebLinkAboutbocc.con.031.2013 Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 031-2413 ORIGINATING DEPARTMEl�T: Health&Human Services PROCUREMENT OFFICER: Mitzi Ledingham PHONE#: 9205766 PROJECT NAME: HCF Grant Programs CONTRACTOR: �ood Bank of the Rockies DOLLAR AMOLTNT: $5,000.00 LINE ITEM# 113.85.00000.84065 CONTRACT EXECUTION DATE: 1/1/2013 CONTRACT END DATE: 12/31/2013 AUTOMATIC RENEWAL: ❑ YES �NO TERM: annual ❑ BOCC AGENDA ITEM(Grants, IGA) � STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER$50,000 (Requires Section Leader&County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: �None ❑ Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/LJse ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease �Non-Profit ❑ Construction ❑ Quasi-Public (e.g.-AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance &Resolution Required) ❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 14%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all e�ibits and notices must be attached for the following: ✓ �No Pages Missing ✓� All Other Blanks Filled In ✓ ❑ If Page Left Intentionally Blank—Note on Page ✓0 All E�ibits Attached ✓ � Page numbered consecutively ✓� All Legal Descriptions attached(ifapplicable) ✓ � All Original Signatures Affixed ✓0 Notice of Award/Notice to Proceed Attached (if applicable) � ✓ � All Dates Filled In � ✓ ❑ Warranty(if applicable) ✓ � Special Instructions for Finance Department: see contract payment worksheet ✓ � Authorized Procurement Officer's Name: Mitzi Ledingham BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. � NOTE: CLERK'S OFFICE WII,L KEEP ORIGINAL DOCUMENTS 1N COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! � PITKIN COUNTY '.�EALTH ANU HUMAN SERVICES ANNUAL GRANT AWARD FOOD BANK OF THE ROCKIES 2013 Contract Number 031-2013 Ledger Number 113.85.00000.84065 This Grant is made as of the date last below signed between Pitkin County,herein referred to as "County", and Food Bank of the Rockies,hereafter referred to as"Agency". Whereas,Food Bank of the Rockies, a private non-profit agency,procures and distributes food through agencies in Northern Colorado, The Western Slope, and Metro Denver. 1. Term of A�reement: The term of this Agreement is from January l, 2013,to December 31, 2013. 2. A�ency Obligations: Agency shall: a) Strictly adhere to all applicable federal, state and locallaws or regulations that have been or may hereafter be established. b) Compliance with House Bill 06-1023. Perform the folIowing verifications to comply with House Bi1106-1023: Grantees who provide a benefit to persons over the age of 18 years of age and which require an individuat application from the person who will receive a benefit, aze required to verify the applicant's legal . presence in the United States. The verification of iawful presence requires all applicants 18 years of age or older to: i. Produce a valid Colorado driver's license or a Colorado identification card; or a United States military card or military dependent's identification card; or a United States Coast Guard Merchant Mariner card; or a Native American Tribal document; and ii. Execute an affiaavit stating that applicant is a United States citizen or legal permanent resident; or that applicant is otherwise lawfully present in the United States pursuant to Federal law. c) Be lawfully prohibited,pursuant to Article 76.5 of Title 24, C.R.S., from providing a Federal public benefit or a state or local public benefit in violation of paragraph(b)of this section. i. Statutory Exceptions: Excepted from this requirement are the following types of benefits: A. Services for children under age 18; B. Obtaining health care items and services necessary for treatment of an emergency medical condition of the person involved and not related to an organ transplant; C. Short-term,in-kind,non-cash emergency disaster relief; D. Public health assistance for imrnunizations, with respect to immunizable diseases and for testing and treatment of syznptoms of communicable disease, whether or not such symptoms are caused by immunizable diseases; 1 � E. Programs, services or assistance such as soup kitchens, crisis counseling and intervention; F. Prenatal care. d) Public Grants for Services. CRS §8-17.5-101. � [Not applicable to agreements relating to the offer, issuance, or sale of secu�ities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and servicesj Grantee certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired far employment in the United States to perform work under this Grant,through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perforrn work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee: i. sha11 not use E-Verify Program or Department program procedures to undertake pre-employment screening of job appiicants while this Grant is being performed ii. shall notify the Subgrantee and the granting State agency within three days if Grantee has actuat knowledge that a Subgrantee is employing or contracting with an illegai alien for work under this Grant iii. shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days af receiving the notice, �a iv, shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labar and Employment. If Grantee participates in the Department program, Grantee shall deliver to the grarzting State agency, Institution of Higher Edueation or political subdivision,a written,notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and,if so terminated, Grantee shall be liable for damages. e) The Agency shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection(5)of C.R.S. § 8-17.5-102. f} Hold and maintain for the term hereof the necessary licenses(s) as specified under State law,which permits the performance of the service(s)to be provided herein. g) Shall maintain an affordable sliding-fee scale schedule for its services in order to accommodate low-income individuals. 2 � h) Subcontracts utilized by the Agency shall be subject to the requirements of the Grant as listed here, and the Agency is responsible for the performance of any subcontractor. i) Abide by all applicable provisions of the Title VI and VII of the Federal Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title XX of the Social Security Act of 1975 as revised. j) Maintain written requirements for safeguarding client information and comply with the same. k) Maintain service program records,fiscal records, documentation and other records relevant to this Grant for the duration of the grant plus six years. The above shall be subject at all reasonable times to inspections, review or audit by Federal, State or County personnel, and other persons authorized in writing by the County. 1) Provide the services at the location as shown as the address of the Agency or whatever is appropriate for that service within Pitkin County. m) Provide the service(s)described herein at a cost not greater than charged to other persons. n) Provide semi-annual Performance Measure reports and Financial Reports. These reports will include the number of unduplicated clients who live and/or work in Pitkin County served by the Agency's program(s). i. The first report is next year's application, and it is due August l, 2013. You will report your first six months' activity for 2013 within your application. If you do not choose to reapply,you will only be required to submit a 2Q 13 year-end report. ii. The second report,the yeax-end report, is due January 31,2014, for the entire period of the grant year. iii. The reports will include Agency's annual goals and actual results year-to- date, as well as an explanation of any variances observed and the steps that are to be taken to address those variances. 3. Pitkin Countv's Obli at� ions: Pitkin County shall: a) County agrees to grant$5,000 to Food Bank of the Rockies as approved in the County's 2013 budget,which was approved by the Board of County Commissioners on December 19, 2012. Grant funding will assist with operating support to help FBR meet their mission of ending hunger by procuring and distributing food through agencies in Northern Colorado,The Western Slope,and Metro Denver. b) The total amount of this contract shall not exceed $5,000 cash maximum in 2013. The County will pay Agency the total amount of this grant on or before the last day of March 2013. Payment is contingent upon receipt of mutually agreed upon Performance Measures and satisfactory semi-annual reports as outlined in section 2(n)of this contract. The return of a completed contract is required in order to receive payment. 3 � 4. General Provisions a. The Parties to this Grant intend that the relationship between them contemplated by the Grant is that of independent agency. No agent, employee, or servant Agency will be solely and entirely responsible for its acts and the act of its agents, employees, servants and subcontractors during the performance of the Grant. b. Payment pursuant to the Grant,if in Cou.nty, State or Federal funds,whether in whole or in part, is subject to and contingent upon the continuing availability and appropriation of County funds for the purpose thereof. c. This Grant constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Agency understands that no County official or employee,other than the Board of County Commissioners acting as a body at a Board meeting,has authority to enter into a Grant or to modify the terms of this Grant on behalf of the County. Any such Grant or rnodification to this Grant must be in writing and be executed by the parties hereto. 5. Default/Cancellation. If Agency shall default in the performance of Agency's Obiigations pursuant to the terms of this Agreement, and/or fails to provide an accounting or use or appropriation of monies granted in the manner in which such accounting was represented to the County,Agency shall have the right to cure said default after written nofice by the County of the default to Agency. If Agency fails to cure such default within sixty(60) days after written notice is given from the County to Agency specifying the nature of such default(or if such default cannot be cured within the aforesaid period of time, if the Agency shall fail to promptly commence to cure the same and to thereafter diligently proceed with such cure), County shall reserve the right to cancel this Agreement and make a demand for the return of al�monies that County determines, at its sole discretion,were not appropriated in accordance with this Agreement. Written notice of default and cancellation shall be made to Agency by first class mail,postage prepaid and by certified mail, return receipt requested, to the following address: Kevin Seggelke Executive Director Food Bank of the Rockies 1070d E. 45th Ave. Denver, CO 80212 6. Entire A�reement: This Agreement constitutes the full and complete Agreement of the parties hereto and shall not be modified except by a written agreement signed by the parties. 4 �� IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORADO � � B V��_���� 1,��..._Cj����� _��__,;-'� �?.-� Z..� - ( ?�, Y: Nancy N. Sundeen Date Director of Health&Human Services FOOD BANK OF THE CKIE r By, f zr l� Kevin Seggelke D te TaxID#: 84-0772672 Executive Director Mailing Address: 10700 E. 45th Ave. Denver, CO 8b212 5 . �