HomeMy WebLinkAbout20112352.tiff 1 8 6 1 2 11 Memorandum
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
WEL DEC O U N T } FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health Tula i73
Environment \
DATE: August 15, 2011
SUBJECT: Professional Services Agreement with
Real Food Colorado
Enclosed for Board review and approval is the Professional Services Agreement between the
Weld County Department of Public Health and Environment and Julia Erlbaum, Real Food
Colorado (REC0), to assist with the implementation of Phase I of a pilot project to develop a
local alternative agrifood system that directly supports small to mid -sized Weld County
growers in their efforts to participate in the Farm to School food program.
The time frame for Phase I of the pilot project is August 22, 2011 through March 31, 2012. The
amount of the reimbursement for services will not exceed $10,000.00 with 20% of this amount
to be used as incentives for local producers who will participate in the pilot project. The pilot
project is funded through the Colorado Health Foundation grant (April 1, 2011— March
31,2012) to improve local food access in Weld County.
We recommend approval of this agreement.
Enclosure
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10`h Street, Greeley, Colorado, 80631 ("County"), and REAL FOOD
COLORADO, LLC "RFCO" whose address is 3400 LARIMER STREET, SUITE 102,
DENVER, CO 80205, ("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 AUGUST 22, 2011, through and
until MARCH 31, 2012.
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 PHASE ONE PROJECT RATE OF $10,000.00 CONSISTING
OF APPROXIMATELY 143 HOURS AT $70.00/HOUR. RFCO has agreed to provide
20% ($2,000.00 totaling approximately 28.5 hours donated) of its consulting fee back to
Weld County Public Health & Environment to provide additional funding support for the
Producer Food Hub (PFH) Pilot Project. Charges shall be based on the time actually
spent performing the services, but shall exclude travel time.
b. Mileage may be charged to and from any required job site at a rate of
$0.51 cents per mile. 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.
Payment will be issued on a monthly basis with Contractor's invoice that includes a
summary ofprogress of Exhibit A.
d. Payment for services and all related expenses under this Agreement shall
not exceed $10,000.00.
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
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.
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11. 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.
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.
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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
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 he 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.
CUNTR
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By: Julia rlbaum
Real ood Colorado. LLC
Title: Principal
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A I"I`hST: '�,, BOARD OF COUNTY
CLERK TU E BOARD
*, OMMISSIONERSOF WELD COUNTY
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By:
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�, Sean P. Conway , Chair Pro-
AUG 3 1 2011
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Weld County Producer Hub
Exhibit A: Scope of Work
Lead Agency: Weld County Department of Public Health and Environment
Gaye Morrison, Healthy Weld 2020 Program Coordinator
970-304-6470 ext. 2381
gmorrison@co.weld.co.us
Contract Consultant: Real Food Colorado, LLC(RFCO)
Attn:Julia Erlbaum
720-282-4067
Julia@realfoodcolorado.com
Project Period: August 22,2011—March 31, 2012
Scope of Work:
Weld County has initiated a Producer Food Hub (PFH) pilot project that will develop local alternative
agrifood system that directly impacts Weld County growers in their efforts to broaden their market
viability, especially in the Farm to School marketplace.A PFH provides an opportunity to serve the needs
of small- to mid-size family farms without hindering their individualization. The PFH addresses specific
issues that are unique to farms and the nature of their business, but also alleviates specific anemic
infrastructural processes that affect producers' ability to sell directly to schools.
The PFH pilot project identifies a producer that is within a reasonable geographic area that can "work"
with multiple growers. This designated producer has pre-existing infrastructure capabilities that are
"upgraded" into essentially a centralized aggregation facility that packs and potentially distributes
locally grown food. The PFH pilot project addresses many infrastructure elements; one in particular is
the ability to"cool" produce items from the field.The PFH is also investigating the potential of a "mobile
cooling shed system" that offers immediate access for farms to a crucial infrastructure element that is
often vital to preserve products as well as meet food safety requirements.The primary focus of the PFH
will be to outreach, educate, coordinate and assist farmers working collectively to market their crops to
additional marketplaces, such as schools by creating a replicable model that aids multiple growers.
The PFH pilot project is based on a recommended action step proposed by Real Food Colorado's (RFCO)
initial food hub analysis document funded by Colorado Department of Public Healthy & Environment
(CDPHE). The initial analysis document titled "Colorado Local Food Hubs for Farm to School Products"
addressed existing infrastructure incompatibilities within schools, farms, and distributors/processors
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that can often hamper producers' ability to effectively connect with non-traditional marketplace such as
institutional purchasers like schools.
The PFH Pilot Project is broken into three (3) phases. This Scope of Work addresses Phase 1, however
we feel that it is imperative that a complete picture is provided and achieved so that a fully-functioning
producer food hub model can include completion of all 3 phases.
The development of a PFH model is to service small- to mid-sized producers' ability to gain access to
and/or increase their presence in institutional and retail marketplace. The primary objective is to create
an independent agriculture support system that would allow smaller, financially limited growers to
participate in marketplaces traditionally unavailable to them.
In addition,the PFH Pilot Project is compatible to the Weld County's "comprehensive feasibility study for
the creation of a wholesale food purchasing cooperative that will effectively connect regional producers
with local consumers."
Producer Hub Overall Objectives:
• Identify a farm(s)with pre-existing infrastructure that will perform two roles:
o An "aggregator:" where one producer receives produce from multiple growers.
o "Packing house" services where produce can be collated and potentially repackage for
shipment direct to purchaser in unformed packaging.
• Address the development of mobile cooling sheds and distribution services either through third
party providers or through the producer food hub facility.
• Centralize distribution of products to schools so multiple products from multiple farms can be
delivered by one truck.
• Develop and disseminate Producer food safety protocols and guidelines based on County
regulations including:
o HACCP protocol for participating farms, packing house, cooling shed and distribution
system.
o Toolkit for farms to incorporate GAP/GHP protocols in line with standard practices that
can essentially provide producers ability to meet food safety guidelines set for
wholesale marketplace.
• Investigate cooperative general liability insurance that will allow multiple producers to meet
liability insurance requirements of institutional purchasers.
3400 LARIMER STREET—DENVER, CO-80205—(720)282-4067
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• Build capacity of farmers to meet institutional local food needs with identifiable "scaling-up"
expectations that can be reasonably met.
• Provide technical assistance and outreach in the areas of business planning, cropping systems
management, value added processing and marketing.
• Create a model, toolkit, processes and procedures that can be replicable throughout Weld
County as well throughout Colorado.
Phase 1: Development of Producer Hub Model that essentially lays the ground work for implementation
of physical infrastructure and procedures that will facilitate Phase 2 & 3.
• Identify ideal producer(s) that can reasonably become the central producer fulfilling roles as an
aggregator/packing house.
o NOTE: We have identified two (2) producers in Weld County: Glover Farms and Boyles
Family Farms that we feel may be good candidates for the Producer Food Hub Pilot
Project.
• Analyze existing infrastructure capabilities and current business model to provide an in-depth
analysis of critical infrastructure elements needed to allow aggregation and packing house
services.
• Identify and cultivate additional producers within designated geographic area surrounding
central producers that can utilize a central aggregation and packing house facility.
• Develop working protocols and procedures that are in compliance with County Public Health &
Environment requirements as well as meet institutional purchasers' needs.
• Coordinate with the Environment Health Division to develop HACCP protocol and any new food
safety regulations (proposed).
• Consult with the Planning Department on any zoning changes that might be needed to
accommodate the Producer Hub.
o NOTE: Weld County will benefit from a Durango School District conference—in which
RFCO is one of the critical partners—that will generate a series of best practice
documents and training manuals to support Farm to School procurement programs in
school districts across Colorado with farmers of all sizes of production.
• Develop processes from farms to aggregator to purchasers that allow ease of transaction as well
meeting County, institution and other marketplace requirements.
3400 LARIMER STREET- DENVER, CO-80205-(720)282-4067
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• Coordinate and organize an agriculture pre-planning process with central aggregator/packing
producer and corresponding farms for planting and harvesting; marketing of PFH capabilities to
Northern Colorado Coop members consisting of 13 school Districts; establishing distribution
chain and or service; and disseminate comprehensive toolkit of processes.
• Develop a draft business plan for PFH's sustainability.
• Identify additional critical partners that will aid in the successful development of Weld County
PFH.
o NOTE: RICO has initiated discussions with Colorado State University on mobile cooling
units as well as academic resourcing for research and documentation of agricultural
practices.
• Pursue and assist in funding application for Phase 2 and 3 of PFH implementation.
Our intent is to complete Phase 1 by March 31,2012, however anticipate that the producer pre-
planning process will initiate Phase 2 implementation.
Phase 2: Physical implementation of Producer Hub Model—with additional funding,the PFH model will
begin physical implementation of central producer aggregation/packing facility.The goal is to be
operational for service to School Districts in Weld County for Fall 2012.
In addition, our intent is to bring together other Public Health & Environment offices from multiple
counties to initiate a multiple-county Local Growers Food Safety toolkit.
Phase 3: Expansion of PFH models to other producers within Weld County with additional expansion of
PFH Models to other agriculture communities in other counties.
Potential of PFH models is to service isolated or underserved communities in Colorado that have limited
resourcing and infrastructure support that allow community members access to locally grown food.
3400 LARIMER STREET—DENVER, CO-80205—(720)282-4067
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