HomeMy WebLinkAbout20122382.tiff 1861 Memorandum
TO: Sean P. Conway, Chair
Board of County Commissioners
GouTY
FROM : Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE : July 13, 2012
SUBJECT : Producer Food Hub/Real Food Colorado
Agreement for Professional Services
Enclosed for Board review and approval is the agreement for professional services between the
Weld County Department of Public Health and Environment and Real Food Colorado. The
agreement period is from April 1 , 2012 through March 31 , 2013 and shall not exceed $5 ,000 .00.
Healthy Weld 2020, in partnership with local food system leaders, is working to create
infrastructure for the production, distribution, and processing of local, regionally grown healthy
foods with a focus on enhancing links with school systems, food banks and eventually retail food
establishments through a Producer Food Hub. A Producer Food Hub will increase access and
consumption of healthy and affordable foods in our community.
This agreement will provide Healthy Weld 2020 the opportunity to contract with Julia Erlbaum,
with Real Food Colorado, to provide technical assistance and resources necessary to begin a
producer based food hub project within Weld County. Julia' s expertise in food hub
implementation, operation and design, along with her experience creating coalitions and
partnerships will be instrumental in the development of the Producer Food Hub project.
I recommend approval of this agreement for professional services with Real Food Colorado and
Julia Erlbaum.
2012-2382
Enclosure
000 to T Ju,
Cu .i7t-- defiraa. ct,
9 - 5-- ice q - o tZ
y,L ec39
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Real Food
Colorado, LLC "RFCO"whose address is 1001 16th Street B180, Unit#342, Denver, CO 80265,
("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS,Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from April 15, 2012, through and until
March 15, 2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$75.00 per hour. Charges shall be based on the time actually spent
performing the services, but shall exclude travel time.
b. Mileage a i may not (circle one) be charged to and from any required job
site at a rate of.535 cents per mile, as approved by the HCEP Director. Contractor shall
not be paid any other expenses unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $5,000.00 for the contract period.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
I
Ccm e,vvl ( r Fmk
9 .5 - ,ZGi
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
I I. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
2
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
3
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACT
a_
By:
Tit . Founder and cipal Consultant
ATTEST:' :ern - BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
C -
By: By:
Deputy Clerk t h GE,rya Sean P. Conway, Chairman C---_)
SEP 0 5 2012
1aa1 r t �
L.
k,+ ''7 A
4
s- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
t '
1555 N. 17th Avenue
Greeley, CO 80631 PublicHealth
G_O �.�- 1 Web: http://www.weldhealth.orq
IHealth Administration Public Health S Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education&Planning &Response
Tale 970.304.6410 Tale 970.304.6420 Tale 970.3046415 Tele.970.3046470 Tale 970 304 6420
Fax 970.304.6412 Fax 970.304.6416 Fax 970 304 6411 Fax. 970 304 6452 Fax 970.3046469
Our vision Together with the communities we serve we are working to make Weld County the healthiest place to live,learn,work and play
Producer Food Hub Project/Real Food Colorado
Exhibit A: Scope of Work
Lead Agency: Weld County Department of Public Health and Environment
Andrew Glendenning, Healthy Weld 2020 Program Coordinator
1555 N. 17th Avenue, Greeley, CO 80631
970-304-6470 ext. 2381 aglendenning@co.weld.co.us
Contract Consultant: Julia Erlbaum
Real Food Colorado, LLC (RFCO)
1001 16th Street B-180,#342, Denver, CO 80265
720-282-4067 Julia@realfoodcolorado.com
Project Period: April 1,2012 —March 31,2013
Scope of Work:
The purpose of this project is to provide Healthy Weld 2020 with the technical assistance and resources
necessary to begin a producer based food hub project. Ms. Erlbaum is a food system innovator and has expertise
in food hub implementation, operation and design. Additionally, Ms. Erlbaum has experience creating
coalitions and partnerships which will prove crucial in the development of the Producer Food Hub project.
Producer Food Hub Technical Assistance Duties:
Strategy 1: In partnership with local food system leaders, create infrastructure for the production,
distribution, and processing of local, regionally grown healthy foods with a focus on enhancing links with
school systems,food banks, and eventually retail food establishments.
Tasks:
I. Identify and recruit members for the Producer Food Hub Advisory Panel in partnership with Healthy
Weld 2020.
2. Facilitate all Producer Food Hub Advisory Panel meetings.
3. Identify and develop a list of Food Hub operational protocols in cooperation with the Producer Food
Hub Advisory Panel that will aid producers in connecting with the Food Hub.
4. Assist Weld County in the provision of an On-Farm Food Safety Workshop using the developed RFC()
Farm Food Safety Plan Workbook and coordinating with Weld County staff to provide information
specifically tailored to Weld County producers when available.
5. Research a working platform for a group liability insurance plan that can protect individual producers.
This investigative effort will also include liability insurance policies that may assist marketplaces such
as hubs and farmers markets.
6. Assist with the development of a producer handbook that provides producers with business tools to
participate in the Food Hub, and to expand into Retail, Grocery and Institutional marketplaces.
General Duties:
1. Participate in regular correspondence with Healthy Weld 2020 staff pertaining to meetings and as
requested by Healthy Weld 2020.
Project Deliverables for 2012 - 2013:
1. By September 30, 2012: Submit final report explaining the issues pertaining to feasibility, cost and
availability of producer group liability insurance as well as outline procedural steps that would allow
producers to obtain liability insurance policies for producer-driven entities.
2. By October 31, 2012: Provide developed food safety plan handbook information for Weld County to
disseminate at a food safety plan development workshop in the fall.
3. By December 30, 2012: Submit an operating handbook for the Producer Food Hub containing, but
not limited to, the following:
a. A list of Advisory Panel member recommendations for making the project successful and
sustainable
b. How producers and buyers will participate within the hub (for example, MOU's)
c. Services the Hub can provided to producers and buyers
d. A one page document mapping the Producer Food Hub operation
4. By January 31, 2013 provide all transcripts of meeting agendas and notes derived from Producer
Focus Group meetings.
Hello